Real Estate Law · Haute Lawyer Network
What Is a Title Search in Real Estate?
Last reviewed: June 2026
A title search is a review of public land records to trace the complete chain of ownership of a real estate property and to identify any liens, encumbrances, judgments, easements, restrictions, or other defects that could affect the buyer's ownership rights. A title search is performed as part of every real estate transaction before closing.
What a Title Search Reveals
Chain of ownership — every transfer of ownership in the property's history, going back decades. Each transfer is reflected in a recorded deed. A break in the chain — a missing deed, a deed signed by an unauthorized party, or a gap in the records — is a defect that must be resolved before closing.
Outstanding liens — mortgages that have not been paid off, property tax liens, mechanic's liens for unpaid construction work, judgment liens from court verdicts against prior owners, and HOA assessment liens.
Easements and encumbrances — recorded rights allowing others to use portions of the property.
Restrictions and covenants — deed restrictions limiting how the property can be used, or homeowner association covenants governing improvements and use.
Lis pendens — a recorded notice that a lawsuit affecting the property is pending.
How a Title Search Is Performed
A title company or real estate attorney reviews the deed records at the county recorder's office, searches the court records for judgments and lis pendens filings, searches tax records for outstanding property taxes, and searches the UCC records for certain types of liens. The result is a title report identifying any exceptions — matters that will be excluded from title insurance coverage.
Title Search vs Title Insurance
A title search identifies known problems in the public record. Title insurance protects against both known problems that slipped through and unknown problems that the title search could not discover — errors in public records, forgeries, undisclosed heirs, and other hidden defects that emerge after closing.
Frequently Asked Questions
How long does a title search take?
A standard residential title search typically takes 3-7 business days. Complex searches involving older properties, properties with multiple prior owners, or properties with known title issues take longer.
Who pays for the title search?
Typically the buyer in most markets, though customs vary by location. Title search fees are included in the closing costs shown on the Closing Disclosure.
What happens if a title search reveals a problem?
The title company or attorney identifies the issue and works to clear it before closing — paying off old liens, obtaining releases, correcting errors in prior deeds, or resolving other defects. If the problem cannot be resolved, the closing may be delayed or the transaction may fall through.
Does a title search protect me after closing?
A title search only identifies problems in the public record before closing. Problems that emerge after closing — including defects the search missed or issues that were not recorded — require title insurance for protection.
Is a title search required?
Mortgage lenders universally require a title search and lender's title insurance as conditions of the loan. Cash buyers technically could close without a title search, but doing so is extremely risky — the buyer would have no protection against title defects.
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