Title

How Property Title Actually Works

When people talk about "title," they are talking about the bundle of legal rights attached to a specific property, not a single piece of paper. Those rights include the ability to occupy, use, lease, sell, or transfer the property, subject to any recorded limitations.

In practice, title is documented and proven through public records, typically maintained by a county or local recording office. Over time, every transfer, mortgage, and lien is added to this record, which creates a verifiable history of ownership.

A clear understanding of how title works usually involves three key ideas:

• Ownership history (chain of title) – This is the recorded sequence of owners. A clean, unbroken chain means each transfer in the past was properly documented and recorded.
• Recorded interests and claims – Mortgages, tax liens, easements, and certain use restrictions appear in the title history. They do not always block a sale, but they define what the owner can and cannot do with the property.
• Legal capacity to transfer – For title to move validly from seller to buyer, the current owner must have the legal right to sell. If someone in the chain lacked authority, that defect can cast doubt on later transfers.

The deed and the title work together but are not the same thing. The deed is the signed and recorded instrument that memorializes the transfer. Title is the legal status that results from that transfer. After the deed is recorded, the buyer's name becomes part of the public record, and their ownership rights are recognized as the new title to the property.

Common Title Problems And How Buyers Protect Themselves

Because title reflects everything that has legally happened to a property, it can also reveal problems. Those issues may not be visible when you walk through the building or across the land, yet they can directly affect value and marketability.

Some of the most frequent title issues include:

• Unreleased mortgages or liens – A prior loan, contractor lien, or tax lien was paid off but never properly discharged in the records, or remains unpaid and still attaches to the property.
• Boundary or access disputes – Surveys, plats, and recorded easements may not match what is on the ground, leading to questions about where the property line truly lies or how owners legally access the property.
• Errors or gaps in the chain of title – Misspelled names, missing signatures, incorrect legal descriptions, or an unrecorded transfer can create uncertainty about who actually owns the property.
• Undisclosed co-owners or heirs – A person with a legal interest in the property was not involved in a past sale or mortgage and may later assert rights that conflict with the current owner's title.

Buyers usually address these risks before closing by reviewing the title and obtaining professional support. Typical protections include:

• Title insurance – A policy that provides financial protection if certain title defects emerge after closing, such as undisclosed liens or an unknown heir asserting ownership.

Understanding these title risks and the tools available to manage them gives buyers more confidence at the closing table. A well-documented, insurable title supports a smoother transaction today and makes it easier to sell or refinance the property in the future.