Fort Lauderdale Guide to Title Insurance for Luxury Buyers

If you are buying a luxury condo on the Intracoastal or a waterfront estate in Fort Lauderdale, you want certainty at closing. Title insurance is your safety net for issues you cannot see in a showing or on a spreadsheet. It protects your ownership if a hidden defect surfaces later, so you can enjoy your property with confidence.

In this guide, you will learn how title insurance works in Florida, the risks unique to Fort Lauderdale’s waterfront and luxury market, which endorsements to consider, how costs typically work in Broward, and the exact steps to take before you close. You will leave with a practical checklist you can use on your next offer. Let’s dive in.

Title insurance in Florida

Title insurance protects you from losses caused by defects in title that existed before your policy date but were unknown at closing. It is different from homeowners insurance, which covers physical damage. Title insurance can include legal defense and potential loss if a covered title problem arises later.

Typical covered issues include prior liens that were not properly released, forged documents, errors in earlier deeds, undisclosed heirs, and recording mistakes. Typical exclusions include zoning and land use matters, boundary disputes not revealed in public records unless you add a survey-related endorsement, issues created after your policy date, government takings, environmental contamination, and the rights of parties in possession not shown in public records.

Owner vs lender policies

An owner’s policy protects your equity and ownership rights, usually up to the purchase price. You pay a one-time premium at closing, and the coverage lasts as long as you own the property.

A lender’s policy protects the mortgage lender up to the balance of the loan. It is usually required by your lender and does not protect you. It is also a one-time premium paid at closing.

How coverage is built

Your title company or closing agent orders a title search and issues a title commitment, sometimes called a preliminary title report. The commitment lists exceptions and defects that must be cleared before your policy is issued.

You, the seller, and your professionals work to clear items like unreleased mortgages, judgments, or errors in the chain of title. The final policy is issued at or after closing, subject to any listed exceptions that remain.

Waterfront and luxury risks in Fort Lauderdale

Waterfront living adds value and complexity. In Broward County, certain risks are more common on luxury condominiums and single-family waterfront homes.

• Riparian and littoral rights can be nuanced. Ownership and use between mean high and mean low water lines may differ from what you expect, especially when bulkheads or seawalls are involved.
• Submerged lands and sovereign land claims can affect docks, seawalls, and access. Whether submerged land is deeded or controlled by the state matters for long-term use.
• Docks, boat slips, seawalls, and bulkheads often require permits and can be tied to recorded easements, licenses, or maintenance agreements. These must be verified.
• Encroachments and setback issues are common on irregular waterfront lots. Neighboring docks or structures can cross lines, and access or utility easements may not be obvious without a survey.
• Flood zone and insurance requirements influence both financing and ownership costs. Elevation certificates and FEMA mapping determine whether flood insurance is required and at what level.

Condo-specific considerations

Luxury waterfront condominiums require added diligence. Association documents, reserve funding, and potential special assessments for building, roof, seawall, or infrastructure repairs can create financial obligations. A current estoppel letter and review of association financials are essential.

Title review should include the condominium declaration, plats, and the chain of developer conveyances. Florida condominium law sets standards for disclosures and association obligations. Leasing and short-term rental restrictions in condominium documents and local rules can also affect value and flexibility.

Endorsements to consider

Endorsements tailor protection to the property’s risks. Your title agent or attorney can advise based on the title commitment and survey.

• Survey-related endorsement or removal of the standard survey exception. This helps cover boundary line and encroachment issues when an acceptable survey is provided.
• Condominium or PUD endorsements for condo units and planned communities. These address risks tied to properly formed condominiums and association matters.
• Access and water rights endorsements, if available and applicable. These can address recorded rights related to ingress and egress and, where insurable, rights tied to docks or boat slips.
• Mechanic’s lien endorsements when there is recent construction or repairs. These help guard against contractor liens tied to recent work.

Environmental contamination is often excluded. Limited endorsements may be available in some cases, but you should not expect title insurance to function as an environmental policy.

Costs and who pays in Broward

Florida title insurance premiums are calculated from state-regulated rate schedules and are paid once at closing. Endorsements and curative work can add fees. Who pays for the owner’s policy and other closing costs is negotiable and can vary by county and by property type, including differences between condominium and single-family transactions in Broward.

Since rates depend on the purchase price and the loan amount, ask for a written estimate from your title company early. If you finance, your lender’s loan estimate will include the lender’s policy premium.

Your pre-closing checklist

Use this step-by-step list to reduce surprises and protect your position.

Before you make an offer

• Ask if there have been any title insurance claims, ownership disputes, unrecorded leases, easements, or boundary concerns.
• For waterfront, confirm whether docks or boat slips are deeded, limited common elements, or leased, and who maintains the seawall or bulkhead.

Right after contract acceptance

• Order the title commitment immediately and request association documents early, including declarations, bylaws, rules, reserve studies, minutes, and a current estoppel.
• Order an ALTA/NSPS survey for single-family and waterfront parcels and require that it show mean high and low water lines, bulkheads, docks, easements, and improvements.
• For condos, verify special assessments, litigation, and reserve adequacy through the estoppel and association documents.

Review the title commitment

• Confirm requirements to clear outstanding mortgages, liens, judgments, or tax certificates.
• Review recorded easements, restrictions, and covenants that affect use, including anything that touches docks, seawalls, or access.
• Check the legal description and chain of title for accuracy, along with required marital signatures.
• Ask for plain-language explanations of general exceptions like rights of parties in possession or survey exceptions.

Waterfront and condo specifics

• Verify dock or boat slip ownership and any recorded rights, leases, or licenses. Confirm whether any leases are assignable.
• Confirm seawall condition and maintenance obligations. Ask about any special districts or assessments that could apply.
• Check FEMA flood zone and obtain an elevation certificate. Confirm flood and wind coverage availability and likely costs with your insurance professional.
• Look for recorded agreements that limit use, such as navigation easements or permits that affect waterfront improvements.

Choose coverage and endorsements

• Purchase an owner’s policy for the full purchase price.
• Add endorsements that fit your risk profile. Common examples include survey, condominium or PUD, access and water rights, and mechanic’s lien coverage when warranted.
• Ask your title agent or attorney to walk through each exception and the protection each endorsement provides.

Cure defects before closing

• Ensure prior liens and mortgages are paid off and releases are recorded or scheduled to record.
• Address missing or defective signatures with proper affidavits or other corrective measures.
• Resolve municipal code enforcement issues or open permits to avoid post-closing lien risk.

At closing

• Confirm the deed and any mortgage will record promptly. Verify the owner’s and lender’s policies will issue as agreed.

• Review the final list of exceptions and confirm that negotiated endorsements are included.

After closing

• Obtain the final owner’s policy and the recorded deed for your records.
• If any title issues surface later, notify the issuing title company immediately. Most policies require prompt notice to preserve coverage.

Timeline at a glance

• Day 0 to 3: Order title commitment, association documents, and survey.
• Day 7 to 15: Receive preliminary commitment and survey fieldwork. Begin clearing defects and reviewing association materials.
• Day 15 to 25: Finalize cures, confirm endorsements, and resolve open permits or code matters.
• Closing week: Verify recording, policy issuance, and inclusion of all selected endorsements.

Working with a concierge team

Luxury and waterfront purchases move smoothly when your advisor coordinates the details with local title agents, surveyors, and counsel. You deserve clear explanations, timely updates, and a proactive plan for waterfront-specific issues like docks, seawalls, and flood zones. With calm, expert guidance, you can protect your ownership and enjoy the lifestyle you are buying.

If you are planning a purchase in Fort Lauderdale and want a tailored plan for your title work and closing, connect with our team at Florida Golf & Beaches. Request a Private Consultation and we will help you prepare a clean, confident path to closing.

FAQs

Do I need an owner’s policy if my lender has a policy?

• Yes, a lender’s policy protects only the lender’s interest, while an owner’s policy protects your equity and ownership rights.

How are Florida title insurance premiums calculated?

• Premiums are based on state-regulated rate schedules and depend on your purchase price or loan amount, and they are paid once at closing.

Who usually pays for the owner’s policy in Broward County?

• Payment is negotiable and local customs can vary by property type, so confirm current practice with your title company or closing attorney.

Which endorsements matter most for waterfront homes?

• Survey-related coverage, access and water rights endorsements when available, and mechanic’s lien endorsements if recent work was done are commonly requested.

What should I check for a Fort Lauderdale condo purchase?

• Review the declaration and rules, reserve funding and special assessments, current estoppel, and any leasing restrictions that affect your intended use.