How To Do a Title Search

Disclaimer: PropStream does not offer legal or investing advice. This article is for educational purposes only. We recommend consulting legal and financial professionals before conducting a title search or buying real estate.

Imagine buying a property only to realize it has liens against it, the boundaries are different than you thought, or the seller wasn’t the legal owner. These are all title issues that can ruin a deal.

Fortunately, a thorough title search can prevent such mistakes. Though you can (and often should) hire a professional title company or attorney to run a title search for you, you can also do them independently to weed out red-flag properties before you invest too much time into them.

Read on to learn what a title search is, how to conduct one, red flags to watch out for, and more.

What Is a Title Search?

A title search is an investigation into a property’s legal ownership and encumbrances. It’s designed to protect buyers from potential liability and title issues.

The goal is to find a clean title. By contrast, a clouded or defective title can deter a buyer and even prevent a sale from going through. For example, if a title search reveals that the seller isn’t the (sole) legal owner, they may not be allowed to sell the property in the first place.

Fortunately, titles (and deeds) are publicly available for anyone to review.

Why Title Searches Matter for Real Estate Professionals

As a real estate professional, title searches are crucial.

For one, they protect you and your clients from unexpected liabilities. For example, if it turns out the previous owner was behind on their property taxes, you or your client could be on the hook, effectively increasing the property’s cost.

Furthermore, title issues can derail closings, hurting your client’s overall buying experience. Worse yet, unknown claimants could come after the property years after the sale, resulting in serious legal headaches.

In short, a thorough title search can expedite home sales, protect you and your clients, and instill lasting trust that will benefit you and your business for years.

What a Title Search Can Reveal

Here’s what a title search might uncover:

• Ownership disputes: a chain of title showing the property’s ownership history, including the current legal owner(s)
• Liens: legal claims against the property (due to unfulfilled debts), such as tax delinquencies, civil judgments, mechanic’s liens, and other mortgages

• Unpaid taxes and utilities: overdue property taxes or utility bills (e.g., for water, electricity, gas, or sewer services)

• Delinquent HOA fees: outstanding homeowner association (HOA) dues

• Boundary disputes: property line discrepancies revealed by official land surveys

• Easements: rights of way for roads or utility lines

• Encroachments: neighboring structures or vegetation that extend into your property

• Filing errors: Clerical mistakes in deeds and other documents, such as misspelled names, that could create unnecessary challenges
• Forgery or fraud: Forged signatures or past fraudulent transactions

All of the above are potential red flags and could prevent a property sale by invalidating the title.

7 Steps to Perform a Title Search

Now that you know what to look out for in a title search, here’s how to conduct one:

1. Determine the government office(s) with jurisdiction over the property. This is usually the county clerk or tax assessor. They’ll have public records you can scour for title information.
2. Check if the public records are available online. Some counties publish public records for free online for easy access, while others require you to visit their offices in person.
3. Gather required property information. Most title searches only require you to have a physical address or the owner’s name, but it doesn’t hurt to have a lot or parcel number, too.
4. Search for the property’s most recent deed. This document legally transfers ownership from a grantor to a grantee. It’ll show who the current owner is and from whom they bought the property.
5. Review the deed. Carefully search the deed for the names of the grantee and grantor (typically listed at the top), descriptions of any encumbrances, and other details.
6. Scour local court and tax records. Look for any outstanding court judgments or tax liens against the current property owner that could impact the property’s title.
7. Work your way back to the original owner. Once you’ve vetted the current property owner, repeat the last step with the owner before them, and so on, until you’ve examined the public records for all of the property’s past owners.

Naturally, the older a property is (and the more often it’s switched hands), the longer the title search will take. However, most title searches take up to two weeks.

Pro tip: PropStream integrates public records for 160+ million properties nationwide. A quick search could reveal potential title issues before a more thorough title search.

Best Practices for Effective Title Searches

Of course, you don’t have to perform a title search on your own. You can hire a professional title company or attorney instead. This saves you time and lets you benefit from an expert’s skill and experience—especially in complex cases and large transactions.

Additionally, consider getting title insurance. It protects you against title claims or legal disputes that slip past the title search and arise post-sale. Think undiscovered liens, unknown heirs, errors in public records, etc. Most lenders will require you to get title insurance anyway.

Finally, when helping clients buy property, emphasize the importance of title searches and explain the process in simple terms. That way, they feel more confident in you and the sale. Should title issues arise, let your client know as soon as possible and advise them on the potential risks. While they may not want to turn away from the deal, it may be for the best.

Perform Vital Property Research With PropStream

Unsure how to start your property research? PropStream it!

Our platform consolidates public records for over 160 million properties nationwide. That way, you can quickly research property leads and avoid potential title issues for you and your clients.

Plus, PropStream lets you filter properties by their owner type, condition, and much more—allowing you to narrow down your search to properties that meet your investment criteria.