What is a title search?
A title search is a thorough review or examination of the public records that pertain to real property ownership and the rights/limitations of its use. The search period begins with the current owner(s) and extends back in time for a period of 50 years (Massachusetts) (commonly referred to as the “chain of title”). All documents affecting the subject property are reviewed for accuracy, completeness and proper execution. Similarly, all owners of record during the search period are indexed to determine their ownership interests, marital status and legal and mental capacity to enter into a contract to sell/buy real property. All conveyances must have been properly conducted and approved by the appropriate governmental departments. Once the title search is completed, the results are provided to a title officer who makes a determination as to the insurability of title.
A title search is thorough research of all the government records concerning the title to the property, in order to determine exactly who owns the property, whether the title is “free and clear,” and to identify an any liens against the title. The title search is performed in the county land records, in the federal, state and county court records, and in the municipal tax, assessment, and utility account records. By law, the title search must cover at least the past 60 years.
