The Abstract and Title Examination
Preliminarily, the title company's role is to examine and abstract the county land records to obtain information regarding the title to the property being purchased by the Buyer. The title examination is performed to determine if the Seller has good and marketable title to the property and discloses any matters of record that could adversely affect the Buyer, Lender or others who will have an interest in the property. The facts revealed by the search will show:
- Whether the contract Seller is the legal owner of the property;
- Whether the estate being purchased is the estate being conveyed. For example, if the Seller purports to convey the property in fee simple, and the property is actually subject to a ground rent, the title search will reveal this information;
- Whether existing restrictions, easements, or right-of-ways (roads, public utilities, etc.) may limit the Buyer's "use and enjoyment" of the property, or grant rights to others who are not owners;
- Whether mortgages, judgments or other similar liens must be satisfied before "clear" title can be conveyed to the Buyer;
- Whether property taxes and other public or private assessments have been paid.
Abstract/Title Exam | Location Drawing | Title Insurance Binder
Document Preparation And Settlement |