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What is the process for conducting a title search on a property?

Picture of Chris Battis By   ·  1 minute read

As a lawyer, I can advise that conducting a title search on a property is an important step in any real estate transaction. It helps ensure that the property has a clear title and that it can be legally sold or transferred to a buyer. The process for conducting a title search on a property typically involves the following steps:

  1. Obtain the property's legal description: The legal description of the property can usually be found on the property deed or on the property tax statement. This description should include the exact location, boundaries, and dimensions of the property.
  2. Search public records: The next step is to search public records, which may include county records, city records, and state records. These records should be searched for any outstanding liens, judgments, or other legal encumbrances that may be attached to the property.
  3. Review the chain of title: The chain of title is essentially a history of all the documents and transactions related to the property. It may include deeds, mortgages, leases, and other legal documents. This review ensures that the current owner is the rightful owner based on legal transfers of the property over time.
  4. Check for easements or other legal restrictions: Easements are the rights granted to someone to use a portion of a property or allow for access to it. Other legal restrictions may include zoning and land use regulations, environmental restrictions, or building codes.
  5. Obtain title insurance: Title insurance is a form of protection against any unforeseen issues with the title of the property. This may include undisclosed liens, mortgage fraud, or other legal claims against the property. A title insurance company can handle the title search and provide protection to both the buyer and lender.

It should be noted that title searches may be limited in scope and may not uncover all potential issues with the property. In addition, state laws can vary regarding the process for conducting a title search. Consider consulting a licensed attorney or a title company to ensure that the title search is conducted properly and any potential issues are addressed.