Title Search

Title Search in United States

Practical Information

Note: Some of this information was last updated in 1982

A thorough investigation of the documented ownership of property, and liens or encumbrances against the property, as listed in the public records. It is customary to have a title search whenever real property is sold, mortgaged, or involved in litigation. For example, title should be searched between the date of the contract of sale and the date of closing title. This gives the seller enough time before the closing to clear up any objections raised by the title searcher. The seller, for example, may have to clear the record of an old mortgage that had been paid; procure a correction deed to correct an error in a previous deed; prepare an affidavit (in U.S. law) that he or she is not a person with a similar name against whom there is a judgment of record, and so on.

A title search need not go back beyond the previous point of title guarantee, since the title company making the previous search guarantees good title up until that point. See also title insurance (in U.S. law) ; abstract of title (in U.S. law); certificate (in U.S. law) of Title; torrens system (in U.S. law); title (in U.S. law).

(Revised by Ann De Vries)

What is Title Search?

For a meaning of it, read Title Search in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Title Search.


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