A real estate title search is an essential step in any property transaction. It ensures that the property’s title is clear, free of defects, and legally transferable to the buyer. While title searches are often handled by real estate attorneys or title companies, understanding the process can help buyers and sellers make informed decisions and avoid potential pitfalls. Here’s a step-by-step guide to conducting a real estate title search.
What is a Title Search?
A title search is a detailed examination of public records to verify a property’s ownership history and identify any issues, such as liens, encumbrances, or disputes, that could affect the transfer of ownership. This process is critical for ensuring the buyer receives a clean title and avoids legal or financial complications in the future.
Why is a Title Search Important?
A title search protects buyers and lenders by uncovering potential issues that might otherwise go unnoticed. These issues can include:
- Outstanding liens or unpaid taxes.
- Ownership disputes or unclear chains of title.
- Restrictions, easements, or zoning violations.
- Errors in public records.
Without a proper title search, you could unknowingly inherit someone else’s legal or financial problems tied to the property.
How to do a Real Estate Title Search: Step-by-Step Process
1. Collect Property Information
We start by gathering all relevant information about the property, including:
- Property address and parcel number.
- Current owner’s name.
- Property tax records.
If you’re working with a real estate agent or attorney, they can often help collect this data from municipal sources or county assessors’ offices. This information will serve as the foundation for our search.
2. Search Public Records
Public land records are typically stored at the county recorder’s or clerk’s office. Some jurisdictions offer online databases, but others may require in-person visits to access older or physical documents. The goal is to examine:
- Deeds and conveyances.
- Liens and encumbrances.
- Mortgages and releases.
- Probate records and Court judgments affecting the property.
3. Trace Ownership History
We review the property’s chain of title, which tracks its ownership history. A clean, continuous chain ensures that ownership transfers are done properly through legal means.
Watch for red flags like:
- Gaps between ownership transfers
- Unrecorded deeds
- Conflicting or duplicate records
These issues can create what’s known as a “cloud on title”, which must be cleared before the property can be sold.
4. Check for Liens and Encumbrances
Search for any claims against the property, such as:
- Mechanic’s liens for unpaid contractor work.
- Tax liens for unpaid property taxes.
- Judgment liens resulting from lawsuits.
These financial obligations don’t disappear with the sale and must be resolved before or during closing.
5. Review Easements and Restrictions
Examine any easements (such as utility access) or deed restrictions that might limit how the property can be used. These could include HOA covenants, conservation easements, or utility company rights-of-way.
6. Verify Legal Descriptions
Ensure the legal description in the deed matches the actual size and boundaries of the property.
Mistakes in legal descriptions can lead to boundary disputes or even loss of land use rights.
7. Compile a Title Report
After gathering and analyzing all the above data, compile your findings into a title report. This report should:
- Summarize ownership history
- List all known liens and encumbrances
- Outline any legal or title issues
- Recommend next steps or legal remedies
A comprehensive title report helps buyers and lenders evaluate risk and proceed with peace of mind.
Should You Conduct a Title Search Yourself?
While it’s possible to perform a title search independently, it’s often safer and more efficient to hire a professional, such as a real estate attorney or licensed title company. They have:
- Access to industry databases and proprietary records
- Experience identifying red flags that might be missed by laypeople
- Legal knowledge to help resolve complex title defects
Hiring a professional also helps you with comprehensive title insurance services, which can cover financial losses from unforeseen issues.
Common Issues Uncovered in Title Searches
Some of the most common problems identified during a title search include:
- Unreleased Mortgages: Loans that were paid off but never officially recorded as released
- Unknown Heirs: Claims from relatives not included in a previous property transfer
- Fraud or Forgery: Falsified signatures or documents affecting title
- Boundary Disputes: Discrepancies in lot size or boundary markers
Each of these issues can delay closing or derail the entire transaction if not resolved.
How Mountain View Law Can Help
At Mountain View Law, we specialize in conducting thorough and accurate title searches to protect your real estate investment. Our experienced team identifies and resolves potential issues, ensuring you can move forward with confidence. Whether you’re buying, selling, or refinancing a property, we provide the legal expertise to make the process seamless and stress-free.
Protect Your Investment with a Title Search
A title search is more than just a formality—it’s a critical step in safeguarding your investment and ensuring a smooth real estate transaction. If you’re considering buying or selling a property, don’t leave anything to chance.
Contact Mountain View Law today to schedule a consultation and learn more about our title search services.
FAQs on Title Search
What is a title search in real estate?
A title search is a review of public records to confirm a property’s legal ownership and check for any issues-like liens, claims, or ownership disputes, that could affect the sale.
Why is a title search important when buying property?
It ensures the property has a clear and marketable title, meaning no unpaid debts, legal claims, or errors could interfere with your ownership.
What problems can a title search uncover?
A title search can reveal:
- Unpaid mortgages or property taxes
- Contractor or judgment liens
- Boundary or zoning disputes
- Missing signatures or deed errors
- Easements or usage restrictions
How long does a title search take?
It usually takes 3 to 10 business days, but could take longer if:
- The property has a long history
- Records are missing or manual
- Title issues are found that need more review
Can I do a title search myself?
Yes, but it’s not recommended unless you’re experienced. You’ll need to:
- Collect the property address, owner name, and parcel number
- Search county records (online or in person)
- Review all deeds, liens, and judgments
- Trace the ownership (chain of title)
- Check for easements or restrictions
- Verify the legal description matches the property boundaries
- Compile a title report
Most buyers hire a title company or attorney for accuracy and legal protection.
What information do I need to start a title search?
You’ll need:
- Full property address
- Parcel number (if available)
- Legal description of the property
- Current or previous owner’s name
How does a title search work?
Here’s how it works:
- Step 1: Access public records (deeds, liens, tax history)
- Step 2: Verify the legal owner and past ownership chain
- Step 3: Identify any unpaid debts or claims on the property
- Step 4: Check for usage restrictions or easements
- Step 5: Report findings to buyer/lender or resolve issues before closing