Weekly Legal Guide · Week of August 14, 2026

A title commitment is a roadmap of the insurer’s requirements and exceptions, not a ceremonial stack of paper. Reviewing it early gives the parties time to resolve ownership gaps, liens, probate issues, deed defects, easements, restrictions, and survey concerns before money and possession change hands.

Why this issue matters in Ohio

A closing can be delayed or fail when the seller cannot deliver the promised title or the buyer discovers an exception that conflicts with the intended use. Many problems are solvable, but releases, corrective deeds, court orders, lien payoffs, and probate documents take time.

Confirm the correct owners and authority

Compare the purchase contract with the last recorded deed, marital status, trust or entity records, powers, probate documents, and signatures. A deceased owner, dissolved entity, missing spouse, or outdated trustee can create an authority gap.

• Match names exactly
• Verify entity good standing and signers
• Resolve deceased-owner interests
• Review marital and dower issues

Clear liens and unreleased obligations

Mortgages, judgment liens, tax liens, assessments, mechanic’s liens, support liens, and recorded memoranda may require payoff or release. An old paid loan can still appear if the satisfaction was never recorded.

• Order payoffs early
• Confirm recording instructions
• Investigate name-similar judgments
• Retain release evidence

Read easements and restrictions

Utility easements, access rights, shared driveways, declarations, setback restrictions, mineral rights, and use covenants can affect construction, parking, signage, leasing, and financing. Obtain the actual recorded documents rather than relying on the exception summary.

• Map easements to improvements
• Check use restrictions
• Review maintenance duties
• Confirm access to a public road

Compare survey and legal descriptions

Overlaps, gaps, encroachments, missing parcels, incorrect acreage, and inconsistent descriptions should be investigated before closing. The solution may require a survey, boundary agreement, easement, corrective instrument, or contract amendment.

• Survey when use or boundaries matter
• Locate structures and access
• Confirm all intended parcels
• Record permanent cures

Practical checklist

• Order title early
• Read every requirement and exception
• Obtain the underlying recorded documents
• Match title with survey and intended use
• Confirm all releases and cures are recordable

Common questions

Is a title commitment the same as a title-insurance policy?

No. It is an offer to issue a policy subject to requirements, exceptions, conditions, and the final transaction.

Does title insurance cover every property problem?

No. Coverage depends on the policy, exclusions, exceptions, endorsements, notice, and whether the problem concerns title rather than condition or use.

Can closing occur before a lien release is recorded?

Sometimes a controlled payoff and recording process is used, but the parties and title insurer must approve a reliable cure.

This article provides general information about Ohio law and is not legal advice. Reading it does not create an attorney-client relationship. Laws, court rules, and individual circumstances can change the analysis.