How far back does a title search go?In: Title Insurance |
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A typical "title search" or abstract goes back anywhere from 40 to 60 years depending on the custom in the particualr area of the country and the complexity involved in a particular matter. I am unaware of a regulation or mandate which requires a specific # of years, but a prudent title searcher would certainly go back as far as possible if there is some sort of ambiguity or question.
A title search in the southeast generally goes back 30 years, but should be searched as thoroughly as possible. The title search and the examination of that search are the key factors in avoiding a title insurance claim after the closing.
Answer
Most jurisdictions regulate the period that must be covered by a title examination that will be used to certify the title to property. In Massachusetts the statutory period is 50 years, in Connecticut it is 40 years. Those periods are also stated in title standards promulgated by the real estate bar associations in most jurisdictions.
If there is no deed at 40 or 50 years back then you keep on chaining back until an arm's length conveyance is found. A professional title examiner knows how to determine a good starting point then examines the title forward.
The title search is the key factor in determining that you will own the land free and clear of all other claims. If purchased, title insurance protects the owner from claims that were not disclosed by the title examination.
First answer by John Calhoun. Last edit by Kluss. Contributor trust: 31 [recommend contributor]. Question popularity: 102 [recommend question]
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