Title search for land: what it finds and who does it

What a title search is

A title search is a review of recorded documents that traces the ownership of a property and finds claims against it. The searcher reads deeds, mortgages, court records, and tax records back through prior owners. The result is a report of who holds title and what could limit it.

What a title search looks for

A title search looks for anything that affects who owns the land or how it can be used. The main items are these.

• Chain of ownership. Each transfer from one owner to the next, with no gaps.
• Liens. Mortgages, deeds of trust, contractor liens, and other claims that secure a debt.
• Easements. Rights others hold to cross or use the land, such as utility lines, access drives, and drainage.
• Restrictions. Covenants and conditions recorded against the land that limit its use.
• Judgments. Court awards against an owner that can attach to the property.
• Unpaid taxes. Property taxes owed to a county or town.

How a title search works

A title search works by following the recorded documents backward from the current owner. The examiner starts with the current deed at the county register of deeds, then finds the deed before it, and the one before that. At each step the examiner checks the indexes for mortgages, liens, and easements recorded under that owner’s name. The examiner also checks court records for judgments, estates, and lawsuits, and the tax office for unpaid taxes. How far back the search goes depends on local practice and on the title insurer.

Who performs a title search

A title examiner or an attorney performs the title search. In North Carolina, attorneys generally handle title examination for real estate closings, and they may work with paralegals or abstractors who pull the records. The attorney gives an opinion on title, and a title insurer relies on it. The rules for a given transaction are a question for a North Carolina real estate attorney.

What title insurance is

Title insurance is a policy that protects against loss from title problems the search did not find or could not find. Examples include a forged deed, an unknown heir, or a recording error. A lender’s policy protects the lender. An owner’s policy protects the buyer, who usually decides whether to buy one. The premium is paid once, at closing.

Why old or family ownership needs a careful search

Land held by one family for generations needs a careful search because gaps in the record are common. An owner may have died without a will, and the land passed to heirs whose shares no deed records. Farmland may carry old easements, unrecorded divisions, or descriptions based on landmarks that no longer exist. Each gap can require a court action, a new deed from each heir, or a survey before the land can sell. See selling farm or timber land for development.

What the public record shows

The public record shows recorded deeds, liens, easements, plats, judgments, and tax status. It cannot show unrecorded claims, an heir nobody listed, a boundary dispute on the ground, or a forged signature. A survey finds what the ground shows, and title insurance covers some of what the record misses. We read the recorded ownership for each parcel and flag gaps for the attorney. See parcels and boundaries and the land due diligence checklist.

Questions

How long does a title search take?

It depends on the property’s history and on the county’s records. A clean chain of ownership moves fast. Old family land with gaps takes longer.

Does a title search replace a survey?

No. A title search reads the record. A survey measures the land and shows encroachments, access, and boundary problems that the record does not reveal.

Can a seller order a title search before listing?

Yes. A seller can hire an attorney to review title early. An early review finds problems such as missing heirs or old liens while there is time to fix them.