Why are title searches important?
From comparing different properties to figuring out what you can afford, buying a house involves many moving parts. Similar to buying a car, purchasing real estate comes with an official title that shows ownership. This title is typically filed with a state or local government office and may also list certain restrictions on the property.
A property title can show issues such as easements or liens. An easement may give another person or entity the right to use part of the property for a specific purpose. For example, a neighbor might need to cross your land to access their own property. Easements are also common for utility lines or public access areas.
Fraudulent home sales are uncommon, but disputes about boundaries, fences, or trees near property lines are fairly common. Completing a title search can help reduce the risk of buying a property with hidden legal issues. Because a home is often a significant investment, identifying these issues ahead of time can be helpful.
A title search may reveal:
- The legal owner of the home.
- The property’s physical address.
- Latitude and longitude boundaries.
- Recorded easements.
- Recorded liens.
What information is required to perform a title search?
In many cases, a title search only requires the property’s physical address or the current owner’s name. In some states or counties, you may also need the lot number or parcel number.
Some properties for sale may include more than one parcel or lot. This can happen when land was subdivided in the past and later combined under one owner. Reviewing the property description or parcel map can help clarify whether multiple parcels are involved. If so, each parcel may need to be searched separately.
Recording practices for easements vary by location. Some easements may not appear clearly on a title or may be recorded without much detail. For example, a city may maintain a general utility easement that applies to all properties where sewer or utility lines run above or below ground.
Not all agreements are recorded or even written. If an easement is unrecorded, you may still be legally bound by existing uses, especially if they are visible when you visit the property. When viewing a property, it can help to notice signs of possible unwritten easements, such as a path or access route used by a neighboring property. In some cases, buyers may ask the current owner to sign an Affidavit of Title stating that the title is clear.
How can I conduct my own title search?
Property titles and deeds are public records, but the office that maintains them depends on where the property is located. Records may be kept by a city hall, courthouse, county recorder, property assessor, or tax collector. Some states offer a single statewide database, while others keep records at the city or county level.
Many jurisdictions provide free online access to title information. In other areas, you may need to visit a government building in person and use a public computer terminal to search the records. Some offices also have clerks who can assist with the process.
If you are buying property in a new development, the land may not yet be subdivided. In that situation, it may help to look up a larger parcel owned by the developer.
If you are unable to find any record for a property, this could be due to a missing file or a recording error. A missing record does not necessarily mean the title is clear. If you cannot locate the title information, you may want to consider getting help from a professional title company.
Can I avoid paying a title company when buying a property?
Many buyers choose to purchase title insurance when buying property, and mortgage lenders often require it. Title insurance generally protects against certain claims on a property’s title, such as undisclosed liens, easements, or ownership disputes that arise after the purchase.
For example, a buyer may believe a title is clear based on their own search, but later face a claim from a prior owner, a neighbor asserting an easement, or a contractor claiming a lien for unpaid work. Title insurance can help cover legal defense costs and certain financial losses related to covered claims.
To issue title insurance, insurers typically require a professional title search performed by a qualified search firm. Even so, doing your own free title search can still be useful. It may help you decide whether to move forward with an offer or cancel a contract during the due diligence period, before paying for a title company’s services.
If you have questions about conducting a title search or about issues you discover, you may want to talk with a legal professional about your specific situation.
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Please note: This page offers general legal information, not but not legal advice tailored for your specific legal situation. Rocket Lawyer Incorporated isn't a law firm or a substitute for one. For further information on this topic, you can Ask a Legal Pro.
