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Title Search: Why You Need It and How It Works
Get the real estate legal advice you need without the hourly legal fees
This post was originally published on July 13, 2022, and has been updated for accuracy, comprehensiveness, and freshness on April 1, 2026.
Before you close on a home, you’ll likely hear about a title search. This step is easy to overlook in the excitement of buying a property, but it’s one of the most important parts of the process. Understanding why a title search matters—and what it uncovers—can help you protect one of the biggest investments you’ll ever make.
What is a title search?
A title search is a review of public records to confirm a property’s legal ownership and identify any claims, liens, or other issues attached to the title. The goal is to establish a clear chain of ownership from the first recorded owner to the current seller—and to make sure no one else has a legal claim on the property.
Why do you need a title search?
When you buy a home, you’re not just buying the physical structure—you’re buying the legal rights to the property. If there’s an unresolved lien on the property, an unknown heir who has a claim, or an error in prior title transfers, those problems can follow the property to you as the new owner. A title search helps surface these issues before you close so they can be resolved beforehand.
What does a title search look for?
A thorough title search examines public records going back decades—sometimes to the original government grant of the land. It looks for:
- Liens: Outstanding debts secured against the property, such as unpaid mortgages, contractor liens (called mechanic’s liens), or IRS tax liens
- Easements: Rights granted to others to use part of the property (e.g., a utility company’s right to run power lines)
- Encumbrances: Any restrictions on how the property can be used
- Ownership gaps: Breaks in the chain of title that could cloud ownership
- Errors in prior deeds: Clerical mistakes or improperly executed transfers
- Unknown heirs: Claims from heirs who may have been left out of a prior estate
How does a title search work?
Title searches are typically conducted by a title company, an attorney, or a title abstractor. They search records held by the county recorder, clerk, or assessor’s office, as well as court records for judgments or probate matters. The result is a title report or abstract that summarizes the history of ownership and any encumbrances found.
What is title insurance?
Even after a thorough title search, there are issues that can’t always be discovered from public records—such as forged documents, unknown heirs, or recording errors. Title insurance protects you (and your lender) against financial loss from claims that arise after closing. There are two main types: lender’s title insurance (usually required by your mortgage lender) and owner’s title insurance (optional but strongly recommended for buyers).
How LegalShield can help
Real estate transactions involve complex legal documents and significant financial stakes. A LegalShield membership gives you access to a provider lawyer who can review your closing documents, explain what a title report means, and advise you on any title issues that come up before or after closing.
Explore LegalShield’s real estate legal resources to learn more.
Frequently Asked Questions
While you can conduct your own title search, it's most common to outsource this to a lawyer or a title search company since they have the resources to speed up the process and knowledge about what to look for. Also, if you want title insurance, you will need a formal title opinion from a lawyer.
It’s possible to run a title search yourself, but you may not be able to complete one as thoroughly or efficiently as a professional can.
A title search involves examining tax, property, and legal records (and figuring out where to find those records), then interpreting those documents to identify potential issues that could affect a real estate transaction.
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