How to Perform a Property Title Search
Step-by-Step Guide to Examining Real Estate Ownership and Lien Records
Performing a property title search requires systematic examination of public records to establish ownership history and identify encumbrances affecting real estate. Whether conducting research for a home purchase, investment property evaluation, or legal matter, understanding the title search process helps you obtain accurate, complete information about any property's legal status.
This guide walks through each step of the title examination process, from initial information gathering through final analysis. While professional property title search services provide the most reliable results, understanding the methodology helps you evaluate findings and make informed decisions.
Step 1: Gather Property Identification Information
Accurate property identification is essential before beginning any title research. Records are indexed by various identifiers, and using the correct information prevents searching the wrong property.
Required Information
Property Address: The complete street address including unit numbers for condominiums or multi-unit buildings. Address formats vary by locality, so confirm the exact format used in county records.
Assessor Parcel Number (APN): This unique identifier assigned by the county assessor precisely identifies the legal parcel. APNs are more reliable than addresses when properties lack standard addressing or when boundary changes have occurred. Find the APN on property tax bills, prior deeds, or through the county assessor's website.
Legal Description: The formal description defining property boundaries using metes and bounds, lot and block references, or government survey coordinates. Legal descriptions appear in deeds and provide the most precise identification.
Current Owner Name: Knowing the current titleholder helps verify you have located the correct property and provides a starting point for tracing ownership history.
Step 2: Identify the Recording Jurisdiction
Real estate records in the United States are maintained at the county level. Each county operates independently with its own recording systems, fee structures, and access methods.
County Recorder's Office: This office (sometimes called Register of Deeds, County Clerk, or Registrar-Recorder depending on the state) records and maintains deeds, mortgages, liens, and other instruments affecting real property. Most counties now offer online access to at least an index of recorded documents.
County Assessor's Office: Maintains property tax records, ownership information for tax purposes, and property characteristics. Assessor records complement recorder documents but serve different purposes.
County Court Clerk: Maintains records of judgments, lis pendens filings, and other court actions that may affect property title.
For properties near county boundaries, verify the correct jurisdiction using the assessor's parcel map. Recording in the wrong county renders documents ineffective as public notice.
U.S. Title Records maintains access to property records across all 3,250+ U.S. counties, eliminating the need to navigate individual county systems.
Step 3: Search Deed Records and Establish Chain of Title
The chain of title traces successive ownership transfers from the current owner backward through prior owners. An unbroken chain demonstrates legitimate succession of property rights.
Locating the Current Vesting Deed
Begin by finding the deed that transferred ownership to the current titleholder. This document shows how title is presently held (individual ownership, joint tenancy, trust, LLC, etc.) and provides the starting point for backward tracing.
Tracing Prior Ownership
From the current deed, identify the grantor (previous owner) and search for the deed by which that party acquired title. Continue this process backward through successive owners. Standard title searches typically cover 30 years, though requirements vary by state and transaction type.
Types of Deeds to Identify
Warranty Deeds: Provide the strongest ownership guarantees, warranting clear title back through all prior owners.
Grant Deeds: Common in some states, providing limited warranties about the grantor's ownership period.
Quitclaim Deeds: Transfer only whatever interest the grantor may have without warranties. Frequent quitclaim deeds in the chain may indicate title problems.
Special Warranty Deeds: Warrant title only against claims arising during the grantor's ownership.
Trustee Deeds and Sheriff Deeds: Issued following foreclosure sales, requiring verification that proper procedures were followed.
Our Full Chain of Title Report traces ownership succession with copies of each deed in the chain.
Step 4: Examine Mortgage and Lien Records
Liens represent financial claims against property that must typically be satisfied before clear title can transfer. A thorough property lien search identifies all recorded encumbrances.
Mortgages and Deeds of Trust
Search for all recorded mortgage instruments and verify whether corresponding satisfaction or release documents exist. An open mortgage without satisfaction remains a lien regardless of actual payment status. The Consumer Financial Protection Bureau provides resources on mortgage documentation requirements.
Tax Liens
Property Tax Liens: Unpaid property taxes create automatic liens with priority over most other claims. Check both county tax collector records and the recorder's index.
Federal Tax Liens: IRS liens for unpaid federal taxes attach to all property owned by the taxpayer. Search both the county recorder and any centralized state filing system.
State Tax Liens: Unpaid state income taxes, sales taxes, or other state obligations may result in recorded liens.
Judgment Liens
Court judgments for money damages become liens when recorded against property. Search both the county recorder and court records for judgments against current and prior owners during their ownership periods.
Mechanic's Liens
Contractors, subcontractors, and material suppliers may file liens for unpaid work. These liens can attach even if the property owner paid the general contractor who failed to pay subcontractors. Review any recent construction activity carefully.
HOA Liens
Homeowner association assessment liens arise from unpaid dues. In some states, HOA liens have super-priority status that survives foreclosure. Our Full Property/Owner Lien Report identifies association liens affecting properties.
Learn more about lien priority and what liens buyers may inherit at our auction buyer guide.
Step 5: Check for Easements and Restrictions
Easements and restrictions limit property rights even though they do not involve monetary claims.
Easements
Utility Easements: Grant utility companies access for power lines, water pipes, sewer lines, or telecommunications equipment. These are common and generally do not significantly impact property use.
Access Easements: Provide passage rights across one property to reach another. Especially important for landlocked parcels or shared driveways.
Conservation Easements: Permanently restrict development to preserve natural features, agricultural use, or historic character.
Drainage Easements: Allow water flow across property, limiting construction in affected areas.
Deed Restrictions and Covenants
Restrictions recorded in subdivision declarations or individual deeds limit property use. Common restrictions address:
Building setbacks and height limits, permitted uses (residential only, no commercial), architectural standards and approval requirements, prohibition of certain activities or structures, and minimum lot sizes for subdivision.
These restrictions run with the land and bind successive owners regardless of whether they appear in later deeds.
Step 6: Review Court Records and Pending Actions
Pending litigation can affect property title even before a judgment is entered.
Lis Pendens
A lis pendens (notice of pending action) provides public notice that litigation affecting the property is underway. Common triggers include foreclosure proceedings, divorce cases involving property division, partition actions between co-owners, and boundary disputes or quiet title actions.
Purchasing property subject to lis pendens means accepting the outcome of that litigation.
Bankruptcy Filings
Bankruptcy proceedings create an automatic stay preventing property transfers without court approval. Search federal bankruptcy court records for any filings by current owners.
Probate Proceedings
Property owned by deceased persons passes through probate (or trust administration) before transfer. Verify that proper procedures were followed for any deaths in the chain of title.
Step 7: Verify Property Tax Status
Property tax verification confirms the property is not at risk of tax sale and identifies any delinquencies that will require payment at closing.
Current Tax Status
Check with the county tax collector for current year taxes and any delinquent amounts. Property taxes typically have first-priority lien status.
Tax Sale History
Determine whether the property has been sold at tax sale or is currently subject to tax sale proceedings. Tax sales can extinguish some liens while leaving others intact, creating complex title situations.
Special Assessments
Local improvement districts, water districts, and other special taxing authorities may impose assessments that run with the land. Identify any special assessment liens and their remaining balances.
Step 8: Compile and Analyze Findings
After gathering all records, evaluate whether the title is marketable or if issues require resolution.
Clear Title Indicators
Unbroken chain of ownership with proper conveyance documents, all mortgages showing corresponding satisfactions or releases, no outstanding judgment or tax liens, no pending litigation affecting the property, and property taxes current with no delinquencies.
Common Title Issues Requiring Resolution
Unreleased Mortgages: Paid mortgages without recorded satisfactions require the lender to record a release.
Unsatisfied Liens: Outstanding liens must typically be paid from sale proceeds at closing.
Breaks in Chain of Title: Missing links may require quiet title action or other curative measures.
Legal Description Discrepancies: Inconsistent legal descriptions across documents need resolution before transfer.
Learn more about interpreting title findings in our guide to reading preliminary title reports.
When to Use Professional Title Search Services
While understanding the title search process is valuable, professional services provide significant advantages for most real estate transactions.
Complexity of Records
Navigating multiple county databases, interpreting legal documents, and recognizing potential issues requires specialized knowledge. Professional title examiners identify problems that untrained searchers often miss.
Time Efficiency
Experienced researchers with established database access complete searches in hours that would take individuals days or weeks.
Nationwide Coverage
Searching properties outside your local area requires accessing unfamiliar county systems. U.S. Title Records provides consistent service across all 50 states through a single ordering platform.
Report Types for Different Needs
Property Detail Records for basic ownership verification
Property Lien Reports for encumbrance discovery
Chain of Title Reports for complete ownership history
Title Search by Name for locating properties by owner
Order a Professional Property Title Search
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