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Title & ownership · 4 min read

What a title search can—and cannot—tell you

A title search examines the property's record history. Understand the findings, the limits and the follow-up questions that matter before signing.

A sunlit historic New England town records reading room with wooden shelves and bound public ledgers

A title search can turn up an old mortgage, a recorded access agreement or a problem in an earlier transfer. The purpose is to investigate ownership and relevant claims in the record history before the transaction moves forward.

Fannie Mae's consumer explanation of the title process identifies unpaid property taxes, repair-related liens, judgment liens and incorrect recordings as potential findings. These are examples, not a promise that every search covers every possible issue. Ask what work is included in the search ordered for your property and how findings will be reviewed.

Follow the property's document history

The deed you see today is one part of a longer record. A useful review considers how the present owner acquired the interest being sold and whether other documents affect it. A seller's familiar name or a recently renovated house does not answer those record questions.

For a hypothetical property that has changed hands within a family, the important question is not simply whether everyone agrees to sell. Ask what documents establish the current ownership and who is authorized to sign. Your closing professional can identify what needs legal review rather than relying on family recollection.

A person's hand gently turning a page in a bound land-record ledger

Know where the records come from

Records are organized through the applicable public system. Massachusetts uses both recorded and registered land systems; the state's deed indexing standards explain that registered land uses certificates and document numbers rather than the familiar recorded-land book and page structure.

This matters when someone forwards only a deed image or an online search result. Ask for the document's recording reference and any related instrument needed to understand it. Do not assume that an assessor's page, property listing or a single keyword search contains the complete title history.

Treat a finding as a question to resolve

A recorded mortgage may be expected. An unexplained mortgage still shown after a prior payoff requires follow-up. A driveway easement might support access or burden part of the land. The document's presence alone does not tell you whether it prevents the proposed transaction.

Ask the reviewer to put each relevant finding into plain language: what is the document, what does it affect, what remains uncertain and what happens next? Our guide to property liens before closing explains how to organize questions when a financial claim appears.

Keep the search separate from other investigations

A title search is not a home inspection, a boundary survey or a general certification of every future use. The ALTA commitment form's definition of public records expressly distinguishes title-recording systems from other systems involving matters such as permitting, zoning and health. The ALTA's published commitment comparison illustrates why those categories should not be collapsed.

If your purchase depends on a pool, an addition, a rental use or a particular boundary, name that dependency early. Ask whether you need a surveyor, municipal review or legal advice in addition to title work. Read survey versus title search before treating either one as a replacement for the other.

Ask for an understandable status report

You do not need to become a title examiner to follow the work. A short list of open items can help everyone understand which parts are complete and which depend on another party. Keep deadlines separate from estimates so a hoped-for date does not quietly become a commitment.

  • Which records have been received and reviewed?
  • What specific item is still outstanding?
  • Who is responsible for providing it?
  • Does the issue need legal interpretation or insurer review?
  • What confirmation will show that the item is resolved?

Use the findings before making assumptions

Suppose a buyer learns about a recorded right of way across the rear of a hypothetical parcel. The next step is to obtain and interpret the document, relate it to the property and consider the buyer's plans. Assuming that a fence cancels it or that the seller's explanation settles it skips the very question the search uncovered.

Balkun's title search service provides a route to discuss the work for a specific transaction. Bring the contract and questions through the team's approved process, and ask for an explanation of the scope before relying on the result.

Your next step

Describe your property and the specific title question so the team can identify the next step.

Discuss a title question

About the author

Daniel S. Balkun

President & Founder. Dan has worked in title and closing since 2004 and opened Balkun Title & Closing in June 2016.

Sources

General educational information. Application depends on the transaction, current law and the documents involved.

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