The Role of Title Searches in Real Estate Transactions

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The Role of Title Searches in Real Estate
Transactions
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Introduction
When buying or selling a property, one of the
most crucial steps is conducting a title search.
A title search is the process of examining public
records to determine the history of ownership and
any potential issues with the property's title.
It is an essential part of any real estate
transaction, as it ensures that the buyer is
receiving a clear and marketable title to the
property.
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What is a Title Search?
A title search is a thorough examination of
public records to determine the history of
ownership and any potential issues with the
property's title. It is typically conducted by a
title company or an attorney and involves
searching through various records, such as deeds,
mortgages, liens, and tax records.
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Why is a Title Search Necessary?
A title search is necessary for both buyers and
sellers in a real estate transaction. For buyers,
it provides peace of mind that they are
purchasing a property with a clear and marketable
title. It also protects them from any potential
legal issues that may arise in the future due to
a faulty title.
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What Does a Title Search Reveal?

• A title search can reveal a variety of issues
  that could affect the property's title. Some
  common issues that may arise during a title
  search include
• Liens A lien is a legal claim against a property
  for unpaid debts, such as taxes, mortgages, or
  contractor fees. If a lien is found during a
  title search, it must be resolved before the
  property can be sold.

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• Easements An easement is a legal right to use
  someone else's property for a specific purpose.
  For example, a utility company may have an
  easement to access power lines on a property.
  Easements can affect the use and enjoyment of a
  property and should be disclosed to potential
  buyers.
• Encumbrances An encumbrance is any claim or
  restriction on a property's title that may affect
  its value or use. This can include restrictions
  on building or zoning, as well as any legal
  disputes over the property.

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• Errors in the Public Records Mistakes can happen
  in public records, and a title search can reveal
  any errors that may affect the property's title.
  This can include incorrect property descriptions,
  misspelled names, or missing documents.

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Area of Services
Kentucky
Ohio
Illinois
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