Also known as: title searches · title examination
Written by attorneys · grounded in primary & secondary sources — see below
An examination of the public records to determine whether any defects or encumbrances exist in a given property's chain of title. The search traces the sequence of recorded instruments through which ownership is claimed and reveals matters that would be discovered by a reasonably diligent review of the grantor-grantee indexes.
Tristan Thompson contracts to purchase a warehouse from a developer. Before closing, the title company performs a title search of the developer's chain and finds no unexcepted liens or defects. The insurer issues a commitment and later a policy at closing that indemnifies Thompson against any later-discovered title problems not listed in the policy.
Talia Torres agrees to buy a lakeside cabin from one joint tenant. Her attorney conducts a title search that discloses the joint tenancy deed. The search shows the seller cannot convey full title without the other joint tenant's signature, so Torres conditions closing on obtaining that signature or a release.
Select any source to read its text and confirm it supports the definition.
Tyrone Tran purchases a residence from a married couple. The title search reveals a federal tax lien that attached to the husband's interest in the tenancy by the entirety before the sale. Tran refuses to close until the lien is satisfied or the government releases its claim on the proceeds.
Tanner Thompson contracts to buy a commercial lot for a pharmacy. His title search discloses a recorded restriction limiting the parcel to nonprofit medical uses. Thompson negotiates a release from the benefited hospital or reduces the purchase price to reflect the limitation on for-profit development.
Theresa Tucker buys an office building and orders a title search. The search uncovers a recorded minimum-fee schedule enforced by the local bar that affects the cost of future legal services tied to the property. Tucker requires the seller to obtain a release or indemnity before closing.
A title search reviews the grantor-grantee indexes and tract references for instruments in the chain of title through which the purchaser claims. Instruments recorded outside that chain, such as deeds indexed only under a stranger's name, are treated as unrecorded as to the purchaser.
No. Constructive notice extends only to instruments that a reasonable search of the purchaser's chain of title would uncover. A deed recorded solely under a prior owner's name and relating to a different parcel does not charge a later buyer with notice.
The buyer's lawyer and the title agent review the search results and negotiate revisions to the deed, title commitment, or curative instruments. They ensure the closing documents reflect the agreed allocation of title risk.
The insurer typically conducts the title search, issues a commitment listing exceptions, and then delivers a policy at closing. The policy indemnifies the insured against loss from defects not excepted in the policy or excluded by state law.
…contracted to buy a home in Fairfax County, Va. The financing agency required them to secure title insurance; this required a title examination, and only a member of the Virginia State Bar could legally perform that service.[^maj-1] Petitioners therefore contacted a lawyer who quoted them the precise fee suggested in a minimum-fee…