What is a Title Search? Zoning Definition
An examination of public records to verify a property's legal ownership and identify any liens, encumbrances, easements, or other claims that may affect the title.
A title search is a detailed review of public records associated with a piece of real property to confirm who legally owns it and to uncover any issues that could affect ownership or use. Title searches examine deeds, mortgages, court records, tax records, and other documents filed with the county recorder, clerk, or register of deeds. The goal is to ensure the seller has the legal right to convey the property and that the buyer will receive clear title.
During a title search, an examiner traces the chain of title, which is the sequence of ownership transfers from the original grant to the current owner. Any gaps, errors, or unresolved claims in the chain can create problems known as title defects or clouds on title. Common issues uncovered during a title search include outstanding liens, unpaid taxes, unrecorded easements, boundary disputes, undisclosed heirs, and deed errors.
Title searches are closely related to zoning because they can reveal restrictions that go beyond the zoning ordinance. For example, a search might uncover deed restrictions that limit the property to specific uses, conservation easements that prohibit development on portions of the parcel, or outstanding code enforcement liens from municipal zoning violations. These findings can significantly affect the feasibility of a planned development project.
Most real estate transactions include a title search as a standard part of the closing process, and lenders typically require it before approving a mortgage. After the search is completed, the buyer usually purchases title insurance, which protects against losses from title defects that were not discovered during the search. If you are buying property for development purposes, it is especially important to review the title search results carefully for any encumbrances that could limit your intended use.
Related Terms
Lien
A legal claim against a property that serves as security for a debt or obligation, which must typically be satisfied before the property can be sold or transferred with clear title.
Encumbrance
Any claim, lien, easement, or restriction on a property that may affect its use, transferability, or value, without necessarily preventing ownership.
Deed Restriction
A deed restriction is a private limitation written into a property's deed that controls how the property can be used or developed, separate from and in addition to government zoning rules.