Email FacebookTwitterMenu burgerClose thin

How to Do a Property Title Search in 5 Steps

Share

A property title search verifies the legal ownership of the property and identifies any claims, liens or encumbrances that could affect the transfer of ownership. While buyers can conduct a title search themselves, the process can be complex, requiring access to public records, historical ownership documents and legal filings. If you’re unsure about navigating a title search or need guidance on protecting your investment, working with a financial advisor can offer you valuable insights and help you safeguard your real estate purchase.

How to Do a Property Title Search in 5 Steps

A title search involves researching historical ownership records and checking for legal claims against the property. This process can help you confirm that the seller has the legal right to transfer ownership and that there are no outstanding debts or legal disputes tied to the property. Here are five steps to help you do a property title search:

1. Identify the Property and Gather Details

Gather key details about the property. The information you collect will help you locate official records and confirm the property’s legal status.

  • Obtain the current owner’s name and the property’s parcel number. These will be verified through county tax records.
  • Obtain the property’s legal description. This is also found on the deed, property tax records or mortgage documents.
  • Check with the local tax assessor’s office to confirm the most recent property tax payments. 

Having accurate property details can help you search the correct records and avoid confusion, especially when there are multiple properties with similar addresses.

2. Locate Public Records

Depending on the property’s location, you may need to visit a county recorder’s office, clerk of courts, or local land registry to access physical documents. Some counties provide digital access to property records, allowing you to conduct a title search online.

To locate the relevant records:

  • Check county recorder’s databases for property deeds, mortgages and ownership transfers.
  • Visit the clerk of court’s office to search for any lawsuits, foreclosures or probate claims involving the property.
  • Contact the county tax assessor’s office to review property tax payments and confirm there are no unpaid balances.

Some jurisdictions offer title search services online, allowing you to search for records without visiting the courthouse. If you’re unfamiliar with the process, working with a real estate attorney can help you avoid overlooking any critical documents.

3. Establish Chain of Title

The chain of title refers to the complete history of ownership transfers for a property. Reviewing this history helps verify that the title has been legally transferred without any fraudulent activity or disputes. To establish a chain of title:

  • Start by tracing ownership records back as far as possible, ideally to the original owner, or at least 50 years in the past.
  • Confirm that each transfer of ownership followed proper legal procedures and that there are no missing documents.
  • Look for red flags such as unexpected ownership changes, missing signatures or inconsistencies in the recorded deeds.

If there is a break in the chain of title, meaning an ownership transfer is missing or invalid, it could indicate potential legal issues that need to be resolved before purchasing the property.

4. Search for Encumbrances

An encumbrance is any claim or legal interest that affects a property’s ownership, such as liens, easements or unpaid debts. Identifying encumbrances is essential to ensuring that the property can be legally transferred without financial obligations or restrictions. To search for encumbrances:

  • Check for liens from unpaid taxes, homeowner association (HOA) dues or contractor debts. Liens must be resolved before ownership can be transferred.
  • Look for easements or rights-of-way that may allow utility companies, government entities or neighboring properties to access part of the land.
  • Verify there are no pending legal disputes related to the property, such as boundary disputes or contested ownership claims.

If encumbrances are discovered, the seller may need to clear them before the sale can proceed. In some cases, title insurance can provide protection against unexpected claims that arise after the purchase.

5. Analyze All Available Documentation

Once you’ve gathered all the necessary records, it’s important to review and verify the information to confirm there are no outstanding legal or financial risks. To analyze documentation: 

  • Compare ownership records, make sure there is a clear and continuous chain of title.
  • Double-check that all liens, mortgages and encumbrances have been satisfied or addressed.
  • Verify that legal descriptions and recorded documents match the physical property being purchased.

If any discrepancies or legal red flags arise, consult a real estate attorney or title company to determine whether additional legal steps are required before completing the transaction.

Bottom Line

A homebuyer does a property title search.

Knowing how to perform a property title search is important if you’re involved in real estate transactions. By following these five steps, buyers can verify that the title is clear of ownership disputes, unpaid debts, or legal issues. Hiring a title company or purchasing title insurance can provide an extra layer of protection and peace of mind.

Home Buying Tips

  • A financial advisor can help you create a financial plan for your home buying needs. Finding a financial advisor doesn’t have to be hard. SmartAsset’s free tool matches you with vetted financial advisors who serve your area, and you can have a free introductory call with your advisor matches to decide which one you feel is right for you. If you’re ready to find an advisor who can help you achieve your financial goals, get started now.
  • If you want to figure out how much you can spend on a home, SmartAsset’s affordability calculator can help you estimate how much house you can afford based on several key inputs.

Photo credit: ©iStock.com/fizkes, ©iStock.com/FG Trade