Title Search Definition and Legal Meaning

On this page, you'll find the legal definition and meaning of Title Search, written in plain English, along with examples of how it is used.

What is Title Search?

it is a record of all the possible searches and examination of the title in local offices which maintains the records of real estates in that region. The records are made for the title insurance company to make a decision on guaranting the new titleholder on aspects which they have summarised as flawless. These records are regarding the present owners, current deeds, liabilities and court cases on the property, purchase price of the property, waste lands and contaminants near the property, mortage price and other related information that can affect the new holder.

History and Meaning of Title Search

A title search is a crucial process in real estate transactions. It is a thorough examination of public records, including court documents and property records, to establish the ownership history of a given property. Title searches can identify any liens, judgments, or encumbrances on the property and may include information about easements, mortgages, or other claims. The results of a title search can protect buyers and lenders from potential legal disputes and ensure that clear title is transferred during a real estate transaction.

Examples of Title Search

  1. Before purchasing a new home, many buyers request a title search to ensure that there are no outstanding debts or ownership disputes associated with the property.
  2. A lender conducting a title search may uncover unpaid property taxes or outstanding mortgages that need to be resolved before a loan can be approved.
  3. During the probate process, an executor may need to conduct a title search to establish clear ownership of a deceased person's estate.
  4. An attorney representing a client in a real estate dispute may request a title search to uncover evidence or establish ownership claims.
  5. A title company may conduct a title search as part of an insurance policy for a buyer, so the company can guarantee that the property's title is clear and that the buyer has ownership rights.

Legal Terms Similar to Title Search

  • Title Insurance: Insurance policy protecting a property owner against loss due to title defects, liens, or other claims.
  • Chain of Title: A detailed history of a property's ownership, tracing back to its original grant or patent.
  • Abstract of Title: A written history of all public records related to a property, including deeds, mortgages, and liens.
  • Title Report: A document providing a summary of a property's ownership history, as determined by a title search.
  • Title Opinion: Legal opinion by an attorney as to the status of a property's title based on a review of relevant public records.