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Maravalinc

Ordering title work on a resale? How far back the search goes, and who does it

Subject
Title risk and ownership records in residential property transfers, including searches, commitments, policy forms, and claims
Editor
The Maravalinc team
Subject
Title risk and ownership records in residential property transfers, including searches, commitments, policy forms, and claims

The person who pulls the records and the person who interprets them are usually two different people with different training. Knowing which one handled your file explains a lot about how the exceptions were written.

Ordering title work on a resale? How far back the search goes, and who does it
Root of title

The commitment lands in your inbox about a week after the contract goes hard, and most buyers skim the insured amount, glance at the exceptions, and file it. The more useful question is what got looked at before that document existed. Somebody, somewhere, read a set of recorded instruments and decided which ones affect the parcel you are buying. How far that reading went back, which index it ran through, and whose eyes did the work all shape what the policy will cover. None of it is mysterious, but almost none of it is explained to you unless you ask.

The chain, and who assembles it

A chain of title is the sequence of recorded transfers running from some accepted starting point down to the current owner, each deed handing the property to the person who signs the next one. Assembling it is the job of a searcher, sometimes called an abstractor, who may be an employee of the title company, an independent contractor paid per file, or in some counties a small firm that has done nothing else for three generations. The searcher pulls deeds, mortgages, releases, liens, judgments, easements, plats, and probate records, then writes up what was found. A separate examiner, often an attorney, reads that report and decides what it means. Two different people, two different skills, and a careful reader asks which of them touched the file.

Two ways to index the same courthouse

Records are indexed one of two ways, and the difference matters more than it sounds. A grantor-grantee index is alphabetical by name: you find the current owner, find the deed that gave her the property, look up the person who gave it to her, and walk backward one name at a time. A tract index is arranged by land instead, so every instrument affecting a particular parcel sits together in one place. Tract indexing is faster and catches strays that a name search can walk right past, which is why many title companies build their own privately maintained copy of the county records, called a title plant, organized by parcel and updated daily. If a plant exists for your county, the search is usually both quicker and tighter.

How far back is far enough

There is no national answer, and anyone who gives you one is guessing. Some states have marketable title acts that cut off old claims after a fixed period, commonly measured in decades, so a search that reaches a clean root of title within that window is considered sufficient. Elsewhere the practice is governed by custom: forty years in one market, sixty in another, back to a patent from the federal government or the original sovereign in a few. Refinances and recent resales are often handled with a shorter search that starts from the last insured transaction, on the theory that the prior policy already absorbed the older risk. Ask what period was searched and what it was searched from, because that single answer tells you how much history the underwriter actually looked at.

What the records cannot tell anybody

A search reads recorded documents, which means it is blind to anything nobody recorded. A forged deed sits in the index looking exactly like a valid one. Someone claiming rights by adverse possession or a prescriptive easement leaves no paper at all, only a fence line and years of use. A contractor who finished work last month may have lien rights that have not yet been filed. Heirs nobody knew about, an unrecorded lease, a spouse whose signature was required by state law and never obtained, a boundary that the survey and the deed describe differently: these are the classic off-record problems, and they are the reason a policy exists rather than just an abstract. The Consumer Financial Protection Bureau oversees how these settlement costs are disclosed to you, so the charge for search and examination appears as its own line rather than buried in a lump sum.

What to check when the commitment arrives

Read the exceptions page first and read it slowly, because that is where the search results turn into your problem or the insurer's. Look for the effective date, which tells you the last moment the records were checked and leaves a gap between then and recording that a gap endorsement or an update search closes. Confirm the legal description matches your survey and your contract. Ask whether the plat, the subdivision restrictions, and any easement documents can be sent to you as copies, not just cited by book and page. Where an exception seems generic, ask what it would take to remove it, since many can be cleared with an affidavit, a payoff, or a survey.

An alphabetical grantor-grantee index depends on names being spelled and recorded correctly. A misspelled surname or a deed filed under a maiden name can hide an instrument that plainly affects the land.

Name-based indexing gaps