A title report is a document prepared by a title company or attorney that details the legal ownership history of a property and any claims, liens, or encumbrances attached to it. Before you close on a home purchase, this report confirms that the seller actually has the legal right to sell the property and that you will receive a clear title when the transaction is complete.
Skipping a careful review of the title report is one of the most consequential mistakes a buyer can make. Issues hiding in the title can range from minor nuisances to deal-breaking problems, including unpaid taxes, unresolved liens from contractors, boundary disputes, or even competing ownership claims from relatives of a previous owner. Understanding what to look for gives you the power to address problems before they become yours.
Title reports vary in format depending on the title company, but they all contain several essential sections. The property description section includes the legal description of the property, which defines its exact boundaries using survey terms. This should match the property you believe you are purchasing. The vesting section shows who currently holds title to the property and how ownership is structured, such as joint tenancy, tenancy in common, or a trust.
The chain of title section traces the ownership history of the property through recorded deeds. A clean chain shows a logical progression of ownership transfers. Gaps or irregularities in the chain can signal potential problems that need to be resolved before closing. The encumbrances section is often the most important part for buyers to review carefully, as it lists everything attached to the property beyond the basic ownership.
Liens are legal claims against the property, typically for unpaid debts. The most common are mortgage liens, which should be paid off and released at closing from the seller proceeds. Property tax liens appear if the seller has fallen behind on tax payments. Mechanic liens can be filed by contractors or suppliers who were not paid for work performed on the property. Judgment liens may exist if the seller lost a lawsuit and a court ordered their property to satisfy the debt.
All liens must be resolved before or at closing for you to receive clear title. In most transactions, existing mortgage balances are paid from the sale proceeds and tax arrears are settled through prorated credits. However, mechanic liens and judgment liens can be more complicated and may require negotiation or legal action to clear.
Easements grant someone other than the owner the right to use a portion of the property for a specific purpose. Common examples include utility easements that allow power or water companies to access lines running through the property, and shared driveway easements with neighbors. Most easements are routine and do not significantly affect your use of the property, but it is important to understand exactly what they permit.
Deed restrictions or covenants may also appear in the title report. These are rules placed on the property by a previous owner or a homeowners association that limit how the property can be used. They might restrict the type of structures you can build, prohibit certain business uses, or require architectural approval for exterior changes. Make sure any restrictions are ones you can live with before proceeding.
Several items in a title report should prompt immediate attention. Unreleased liens from a previous owner suggest the title company needs to do additional work to clear the title. Boundary disputes or overlapping legal descriptions can indicate survey problems. A break in the chain of title where a transfer was not properly recorded creates uncertainty about ownership. Pending legal actions involving the property or the seller could affect your ability to close.
If you encounter any of these issues, discuss them with your real estate attorney or the title company before proceeding. Most problems can be resolved, but some take time, and a few may be serious enough to reconsider the purchase.
Even with a thorough title search, some defects can remain hidden. Title insurance protects you against financial loss from covered title defects that were not discovered before closing. A lender will require a loan policy to protect their investment, but you should also purchase an owner policy to protect your equity. The one-time premium is a small cost relative to the value of the property and the potential risk of an undetected title issue emerging years later.
Connect with verified professionals through RealtyChain.com โ backed by the RealtyChain trust network.
Get a Free Quote โ