Why Are Title Searches and Title Insurance So Important?

 Posted on April 25, 2025 in Real Estate Law

If you are considering purchasing a home, it is extremely important that you have a title search done on the property. Even when the person you are dealing with is someone you trust, there may have been title issues when that person bought the property that he or she is unaware of. Many real estate contracts require a title search, but even if yours does not, it is an important step in protecting your purchase.   

A title search examines public records related to a specific property, including the history of the property’s ownership. Title searches are usually performed by a real estate attorney who examines the records for any potential problems, including omissions or errors. If any title defects are found, both parties are given the opportunity to remedy these title defects or, in some cases, to void the transaction if no solution can be reached.

You may wonder why you need title insurance if a thorough title search has been done. While claims are exceedingly rare because any problems found in a title search are remedied prior to the sale, title insurance safeguards your property from any type of ownership problem, including liens, document errors, fraud, or missing owners. If you are purchasing a property and have questions, a Stamford, CT real estate attorney can help ensure your purchase is free from problems.

What Defects Could a Title Search Find?

Some of the more common problems found by a title search include:

•  Previously unknown heirs
• Delinquent property taxes
• Unpaid property liens
•  Past due mortgages
• Public record errors or omissions
•  Disputed boundaries or survey results
• Undeclared covenants or easements
• Fraudulent paperwork

What Are the Benefits of a Thorough Title Search?

When the history of a property’s ownership is investigated, it can yield valuable information, including any legal claims on the property, past owners, mortgages, and any filed liens. Risks are mitigated for the buyer, as discovering unresolved legal issues early in the process allows those issues to be addressed. Future complications are prevented, and a large investment is protected.

Ideally, a title search results in a clear title that makes for a seamless property sale. The title search verifies that the current owner has the right to sell the property, ensuring there will be no unexpected problems regarding ownership in the future. If the property lines are unclear, future conflicts with neighbors can be avoided by addressing these issues prior to the sale.

Finally, a title search can reveal any issues that could potentially affect the value of the property, which helps the buyer secure financing. In the end, having a title search performed and purchasing title insurance is like having auto insurance or home insurance. While it is hoped there will never be a problem, a title search and title insurance ensure a new homeowner is covered if a problem should arise.

How Is a Home Purchase Safeguarded Through Title Insurance?

It is hard to stress just how important title insurance really is. Imagine buying a dream home only to find, a year down the road, that because of fraud, the house is actually owned by another person. Or, what if a person who had an ownership interest in the home never signed a deed to transfer the property?

One example of this would be if a married couple owned the home before the current owner, who failed to have a title search done, and one spouse never signed the deed when the property was sold. Title insurance also protects homeowners from liens filed against the property, perhaps for a child support judgment or unpaid taxes. Regardless of whether the lien is against a prior owner, it remains with the property until the debt is paid in full.

Contact a Fairfield County, CT Real Estate Lawyer

It is rarely ever a good idea to purchase a new home without having a Stamford, CT real estate attorney from Law Offices of Daniel P. Weiner making sure everything is legal and error-free. The experience of an attorney makes a significant difference; Attorney Weiner has been helping people for almost four decades. Call 203-348-5846 to schedule your free consultation.