Also known as: title search · title searching · title examination
Written by attorneys · grounded in primary & secondary sources — see below
A systematic examination of public land records to identify the chain of title and any encumbrances affecting a parcel of real property. The examination reveals defects or liens that may impair marketability or require resolution before transfer.
Taliah Tang contracted to buy a commercial building. The title company performed a search two weeks before closing and found no encumbrances. Financing delays postponed closing by ten days. A judgment lien was recorded against the seller during the gap. The buyer closed without an updated search and later faced foreclosure proceedings on the undisclosed lien.
Trevor Tate and Theresa Tucker held property as joint tenants. Trevor executed a long-term lease on his interest. Upon Trevor's death the surviving tenant sought to quiet title. A title search revealed the lease in the joint tenant's chain but not in the survivor's direct chain of title. The search results forced litigation over whether the lease survived severance.
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Tyler Taylor and Tabitha Taylor owned their home as tenants by the entirety. The IRS assessed taxes solely against Tyler. A title search conducted for a refinance revealed the federal tax lien indexed only under Tyler's name. The lender required the lien to be addressed before funding because the search showed potential attachment to the entire property.
Travis Tate agreed to purchase a former bank building for restaurant use. The title search disclosed a recorded deed restriction prohibiting drive-through service. The buyer negotiated amendments to the closing documents requiring removal of the restriction before closing. The search results shaped the final agreement on marketable title.
Threshold Capital retained counsel to handle acquisition of distressed real estate. The attorney arranged title searches through an affiliated company subject to a minimum-fee schedule. The buyer later challenged the arrangement as an antitrust violation affecting the cost and independence of the title examination. The search results themselves were accurate but the procurement method drew regulatory scrutiny.
An attorney must order an updated title search when a known delay creates a foreseeable risk that new liens could be recorded. The duty arises from the attorney's obligation to exercise reasonable care under the circumstances rather than from any fixed time period or client request.
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A title search limited to the immediate grantor's chain of title does not provide constructive notice of interests recorded outside that chain. Instruments indexed solely under a prior owner's name fall outside the chain and do not bind a subsequent purchaser who searches only the relevant chain.
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A buyer may refuse to close when a title search reveals a gap in the chain of title because the gap renders title unmarketable. Marketable title requires freedom from reasonable doubt that a prudent purchaser would accept, and a missing deed creates precisely that doubt.
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…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…