Yes, a title search on your property can be performed by various individuals and entities, including yourself. This process is crucial for uncovering vital information about a property's history and ownership.
Who Can Perform a Property Title Search?
Performing a title search means delving into public records to uncover the complete history of a property's ownership and any outstanding claims or issues. Several parties are equipped to undertake this important task:
- Property Owners (Yourself): You have the right to research your own property's title. While it requires time and effort to navigate public records, it is a viable option for those willing to undertake the task.
- Attorneys: Legal professionals specializing in real estate are highly skilled at conducting thorough title searches. They can provide expert analysis of any findings, understanding the legal implications of various documents.
- Specialized Title Companies: These companies focus exclusively on title services, offering comprehensive searches and often providing essential services like title insurance. Their expertise ensures a meticulous review of property records.
Conducting a DIY Property Title Search
Performing a title search yourself is possible, though it involves accessing various records and understanding their significance.
- Accessing Records: This typically requires visiting local government offices, such as the county recorder's or clerk's office, where property deeds, mortgages, liens, and other relevant documents are publicly accessible. These records are often organized by property address or owner name.
- Online Resources: Some cities and counties offer websites that can assist prospective buyers and owners in performing certain parts of a title search online. However, it's important to note that these digital tools may not cover all aspects of a complete and thorough investigation, and some records may still require an in-person visit. For more detailed guidance on why a title search is essential and what it entails, you can refer to resources like this guide on Why you need to conduct a property title search.
What a Title Search Uncovers
A comprehensive title search aims to reveal any potential issues or "clouds" on a property's title, which could affect ownership or future transactions. These might include:
- Outstanding mortgages or liens: Such as tax liens, mechanic's liens, or judgments against previous owners.
- Easements: Rights of way granted to others (e.g., for utilities or neighbors to cross a portion of the property).
- Covenants, conditions, and restrictions (CC&Rs): Rules governing what can be done on the property, common in planned communities.
- Encroachments: Structures or improvements on one property that illegally extend onto an adjacent property.
- Errors in public records: Mistakes in documentation that could complicate ownership.
Benefits of a Professional Title Search vs. DIY
Choosing between a do-it-yourself search and hiring a professional depends on the complexity of the property's history and your comfort level with legal documents.
| Feature | Professional Title Search (Attorneys/Companies) | DIY Title Search (Property Owner) |
|---|---|---|
| Expertise | In-depth knowledge of real estate law and complex title issues. | Requires learning and understanding of legal documents. |
| Thoroughness | Comprehensive review of all relevant records, often including hard-to-find or off-record items. | May miss subtle or complex issues without specialized knowledge. |
| Time Commitment | Handled by professionals, saving you valuable time. | Can be very time-consuming, requiring multiple visits to offices. |
| Cost | Involves professional fees, but can prevent more costly future issues. | Primarily involves your time; potential for costly overlooked issues. |
| Protection | Often leads to title insurance, offering financial protection against undiscovered defects. | No inherent financial protection without additional steps. |
When to Consider a Professional
While a DIY search can provide basic information, for significant transactions like buying or selling property, engaging an experienced attorney or title company is highly recommended. Their expertise can uncover hidden issues that might not be apparent to an untrained eye and provide crucial protection, often through title insurance, safeguarding your investment from potential future claims.
In summary, while you can initiate a title search on your own property, leveraging the expertise of attorneys or specialized title companies is often advisable for a complete and secure understanding of your property's history, especially in the context of a real estate transaction.
