Due Diligence and Site Assessment

Title Search

An examination of public records verifying legal ownership history and identifying liens, easements, or other encumbrances — standard due diligence for any property purchase.

Home Glossary Due Diligence and Site Assessment Title Search
Definition

A title search is an examination of public records to verify a property's legal ownership history and identify any liens, easements, or other encumbrances affecting the title. A thorough title search is standard due diligence for any property purchase, since undiscovered title issues can create significant legal and financial complications after closing.

What a title search can reveal

Issue typePotential impact
LiensUnpaid debts secured against the property
EasementsThird-party rights to use portions of the property
Ownership disputesUnclear or contested chain of title
Deed restrictionsRecorded limitations on property use

What to watch for before committing

Qualified title company engagement

Engage a reputable title company or attorney to conduct a thorough title search rather than relying on informal record review.

Complete chain of title verification

Confirm the search covers a sufficiently long historical period to identify any gaps or issues in the ownership chain.

Easement impact on intended use

Carefully review any identified easements to understand how they might affect your intended use or future development plans.

Outstanding lien resolution

Ensure any identified liens are properly resolved before closing, typically through seller payoff at or before transaction completion.

Deed restriction compatibility

Verify any recorded deed restrictions are compatible with your intended use of the property.

Title insurance coordination

Coordinate the title search with obtaining title insurance, since the search typically forms the basis for insurance underwriting.

When you need to know this

  • Purchasing commercial property — verifying clean, marketable title before finalizing the transaction
  • Identifying easements affecting development — understanding third-party rights that could limit your intended use
  • Resolving outstanding liens before closing — ensuring the property transfers free of unresolved debt claims
  • Obtaining title insurance — establishing the foundation for insurance underwriting

Frequently asked questions

What is a title search? +
A title search is an examination of public records to verify a property's legal ownership history and identify any liens, easements, or other encumbrances affecting the title.
What issues can a title search uncover? +
Common issues include liens from unpaid debts, easements granting third-party use rights, ownership disputes or gaps in the chain of title, and recorded deed restrictions limiting property use.
Who typically conducts a title search? +
A reputable title company or real estate attorney typically conducts this examination, providing the thoroughness needed to identify potential issues before closing.
What happens if a title search reveals a lien? +
Outstanding liens typically must be resolved, usually through seller payoff, before or at closing to ensure the property transfers with clean, marketable title.

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