Frequently Asked Title Questions

1. what's is a title?

Title is ownership of a property.  It gives the owner the right to possess and use the property.

2. What is title insurance and why do I need it?

Title Insurance affords protection against claims from past events that may or may not be a part of the public records but that can adversely affect an owner's title to real property.  It also protects against hidden title defects such as fraud, forgery, or missing heirs, that even the most diligent title search may not discover.

3. Why is transferring a title in real estate different from transferring the title to other items, such as a car?

Because land is permanent and can have many owners over the years.  Various right in land may have been acquired by others (such as mortgages, or mineral, air or utility rights) by the time you come to own it, even if the land has never before been built upon.  So, in order to transfer a clear title to a piece of land, it is first necessary to determine what rights may affect it.

4. What is a title search?

A title search is a detailed examination of the historical records concerning a property.  These records include deeds, court records, property and name indexes, and many other documents.  The purpose of the search is to verify the seller's right to transfer ownership, and to discover any claims, defects and other rights or burdens on the property.

5. What kind of problems can a title search reveal?

A title search can disclose a number of title defects and liens as well as other encumbrances and restrictions.  Among these are unpaid taxes, unsatisfied mortgage, judgments against the seller and restrictions limiting the use of the land.

6. Are there any problems that a title search cannot reveal?

Yes, there are some hidden hazards that even the most diligent a title agent search may never reveal.  For example, the previous owner may have incorrectly stated his marital status, resulting in a possible claim by his spouse.  Other hazards include fraud, forgery, defective deeds, mental incompetence, confusion due to similar or identical names, and clerical errors in the records.  These defects can arise for the first time after purchasing your real property and can jeopardize your title to it.