Property Title search

INTRODUCTION

In the context of real estate, the Title basically refers to the rights arising out of lawful ownership of property. A clear title is conclusive proof of ownership. So, whenever a real estate transaction takes place a thorough title search is done to ensure clear and marketable title because a defective title may land you in legal and financial trouble.Title verification is a process of checking and verifying property documents for ascertaining the legal ownership of property and determining any defects in the title of the property. Generally, title verification is conducted by a real-estate attorney or a professional title search company and after that a report called ‘Abstract of Title’ or ‘Title Search Report’ is produced on the basis of verification.Generally, a title search is conducted for a time period ranging from twelve to thirty years, which can be extended or reduced as per the objective of the party and nature of the transaction.

PROCESS

A Search Report must cover the following points –

1. Firstly, the search report must specify the details and particulars as to location, measurements, area of the property.
2. It must elucidate who is the owner of the property whether it is individual, company, trust, or other legal person. It should also include a legal opinion on the issue- how the legal personality of the owner will impact on the title of the property.
3. It must include a table of scrutinized records, deeds and documents and the documents which are verified by the authorities must be outlined.
4. It must clarify the nature of the right of the transferor, if it is absolute in terms of enjoyment, possession and disposal or not.
5. It must specify if there is any charge or dues or lien on the property.
6. It should specify if the property in question is subject to mortgage.
7. It should inform if there is any kind of encumbrances upon the property for example unpaid tax mortgages, unpaid loans etc.
8. Search Report must specify if there is any third party interest on the property.
9. It must elucidate if the property is the subject matter of any ongoing litigation or if it is in the process of acquisition by the government.
10. At last, it must conclude that if the title of the property is clear and marketable.
11. Further, any specific advice, comment or opinion can also be inserted in conclusion.

ADVANTAGES / FEATURES

A property derives its value from the title itself. A property with a defective title holds no value, only a clear title can set a seal on the fact that you have an explicit right to own the property and sell it further.

So, while investing money into real-estate it becomes crucial to scrutinize whether or not you will have a clear marketable title, which determines that ownership rights are free from any doubts, risks and clear of any kind of claims, encumbrances and defects.

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