A title search consists of a search of the public records to determine what has occurred with regard to the property over a specified period, usually thirty years or more. The purpose of this search is to make sure the seller owns the interest he or she proposes to sell you, usually fee simple title, and to make sure there are no adverse interests against the property. Adverse interests may include the following: unpaid deeds of trust; past due taxes; tax liens; and judgments against the seller which attach by law to the seller’s property.
An experienced attorney will be able to review the documents that may affect title to a property and assure that a marketable and acceptable title is properly conveyed from the seller to you, the buyer. Also, if there is a new survey of the property, an attorney will review it to verify that there are no encroachments to the boundary lines and that it matches the deed description. Furthermore, if you have an attorney and the attorney finds a defect in title or a problem with the title, the attorney can attempt to resolve the problem before the closing. A title search is not a requirement, however, it is highly recommended since it is the only means of certifying a clear title to the property that the seller purports to sell.
If you would like to talk with an experienced and caring Raleigh real estate title searches attorney, please contact us.