A title search and title examination should always be completed prior to closing on the purchase of a property. The title process starts with a search of public records, sometimes as far back as sixty years, to gather evidence of the property’s title history. The records revealed by the title search are then examined by an attorney.

First and foremost, the attorney performing the title examination will need to confirm that the property was properly conveyed between all owners in the chain of title. Any ownership interests that have been “severed” from the chain of title will need to be addressed prior to closing. The attorney will also be on the lookout for unsatisfied judgments or liens. The attorney will document his findings from the title examination in a title opinion. The attorney’s title opinion is essentially a list of the specific tasks required to convey clear title at closing, along with the exceptions of record (subdivision restrictions, easements, etc.).

A title abstract is similar to a title search, but that it does not stop forty to sixty years back. Instead, a title abstract continues the history to the point of original land grants from the government or to a point where records are no longer available. Abstracts can be helpful when researching rights and interests that can be severed from a property right, such as mineral rights. Mineral rights are paired with property ownership in some, but not all, states and locales. Abstracts are, generally, more expensive and take longer to complete that title searches.

Title examination is a vital part of the real estate transaction process. Whether you are purchasing a home or a parcel of land, or preparing to sell a piece of real property, the attorneys at Byrne Westmoreland, PLLC have the experience necessary to anticipate, discover, and resolve the title problems that can appear along the way.