Real Estate Attorney

There are three types of notice when it comes to real property: 1) recorded notice (recorded in the county recorders office where the land is located); 2) acutal notice (just like it sounds); and 3) inquiry notice (you have reason to know, but you are not sure - in this case you must inquire to make sure).

If you have notice of a lien against property you are buying, you could be buying the property subject to the lien, EVEN IF THE LIEN IS NOT RECORDED AGAINST THE PROPERTY!

Title insurance is a must when you buy real property - residential or commercial, but it doesn't cover things that are not recorded against the property - which is why you need warranties and representations from the seller that the property is owned by the seller and is being transferred free and clear of all liens and enucumbrances.

If you are buying real property read the CC&R's recorded against the property. If you don't want to do it, hire an attorney to do it. You are buying subject to everything in them - including options, limits on what the property can be sold for and restrictions on use - all of which, if they exist, would be in the CC&R's.