What Is a Title Search and Why Does It Matter?

When you're buying a home, you're not just purchasing the physical structure and land—you're purchasing the right to own that property. But how can you be certain the seller actually has that right to give you? What if someone else has a claim to the property? What if there are unpaid debts attached to it that could become your problem?

This is where the title search becomes one of the most important protections in your real estate transaction. Before you hand over hundreds of thousands of dollars, professional title examiners investigate decades of property history to verify that the title is clear and that you're getting exactly what you're paying for.

In this comprehensive guide, we'll explain what a title search is, walk through the detailed process title examiners follow, show you what records they investigate, reveal the most common problems they uncover, and clarify how title searches relate to title insurance. Whether you're buying your first home or your fifth, understanding this crucial step helps you appreciate the protection it provides.

What Exactly Is a Title Search?

A title search is the process of examining public records to establish the legal ownership of a property and identify any claims, liens, or other issues that could affect ownership rights. Think of it as a background check for property—instead of looking at a person's criminal history or credit report, you're investigating a property's legal history.

The goal is to trace the chain of title—the sequence of ownership transfers from the original owner (often the federal government in Utah's case, as much of the state was originally public land) all the way to the current seller. Every time property changes hands, it should be done through properly executed and recorded documents. The title search verifies that this paper trail is complete and legitimate.

But the search goes beyond just ownership transfers. Title examiners also look for any encumbrances—legal claims or restrictions on the property that don't necessarily prevent ownership transfer but do affect how you can use the property or create obligations you must satisfy. These include:

• Liens from unpaid debts such as mortgages, property taxes, contractor bills, HOA fees, or court judgments
• Easements giving others the right to use part of your property for specific purposes like utility access or shared driveways
• Deed restrictions limiting how you can use the property, such as HOA rules or historical preservation requirements
• Encroachments where structures or improvements cross property boundaries
• Rights of way allowing public or private access across the property

The title search produces a preliminary title report (also called a title commitment) that summarizes the findings. This document lists the current owner, the legal description of the property, any liens or encumbrances, and any exceptions to coverage—issues that will not be covered by the title insurance policy unless resolved before closing.

At Prospect Title, our examiners have been researching Utah property records since 1967. We know the quirks of each county's recording systems, understand common title issues in different regions, and have the experience to spot problems that less experienced examiners might miss.

How Is a Title Search Performed?

The title search process involves systematic research across multiple sources, careful analysis of findings, and professional judgment about potential risks. Here's how experienced title examiners conduct a comprehensive search:

Step 1: Ordering the Search begins when the property goes into escrow. The escrow officer provides the title examiner with the property address, legal description, seller's name, and purchase agreement details. This information forms the starting point for research.

Step 2: Accessing County Records is where the bulk of research occurs. In Utah, property records are maintained by the county recorder in each of the state's 29 counties. Many counties now have digitized records accessible online, but some documents still require manual research at the courthouse. The examiner searches the grantor-grantee index, which lists all recorded documents by the names of the parties involved.

Step 3: Building the Chain of Title involves tracing ownership backwards from the current owner. The examiner identifies the deed by which the current owner acquired the property, then finds the deed by which the previous owner acquired it, and continues this process back through the required search period (typically 40-60 years). Each transfer must be properly documented and recorded.

Step 4: Searching for Liens and Judgments requires checking multiple indexes. The examiner searches under each owner's name in the judgment index for court judgments, the mortgage index for unpaid mortgages, the tax lien index for IRS and state tax liens, and the mechanic's lien index for unpaid contractor claims. Each type of lien follows different rules about how long it remains valid and how it attaches to property.

Step 5: Examining Legal Descriptions ensures the property boundaries are correctly identified. The examiner compares legal descriptions across multiple documents to verify consistency. Discrepancies in legal descriptions—even minor ones—can create serious problems.

Step 6: Reviewing Chain of Title Quality involves analyzing each deed in the chain. The examiner verifies that deeds were properly executed with required signatures and notarization, checks that the grantor (seller) had the legal right to convey the property, confirms that the grantee (buyer) is correctly identified, and ensures deeds were recorded in the correct sequence with no gaps in the chain.

Step 7: Identifying Title Issues requires professional judgment. Not every item discovered during the search is necessarily a problem. The examiner must determine which issues need to be resolved before closing, which can be insured over with appropriate endorsements, which are standard and acceptable encumbrances, and which represent serious defects requiring additional legal work.

Step 8: Preparing the Preliminary Report documents all findings in a standardized format. This report is provided to the buyer, seller, lender, and real estate agents, typically within 5-7 days of ordering the search. The report includes Schedule A showing the property and proposed insured, Schedule B Part I listing requirements that must be satisfied before the policy is issued, and Schedule B Part II listing exceptions to coverage that will remain after closing.

Step 9: Clearing Title Issues often requires additional work beyond the initial search. The title company may need to obtain payoff quotes for existing mortgages, contact contractors or HOAs to obtain lien releases, work with previous owners to correct deed errors, coordinate with courts to release old judgments, or hire attorneys to resolve complex legal issues.

What Public Records Are Searched?

A comprehensive title search examines numerous sources to build a complete picture of the property's legal status. Understanding these sources helps you appreciate the thoroughness of the process.

County Recorder Records contain the most critical documents. Every deed, mortgage, lien, easement, covenant, restriction, and other instrument affecting real property must be recorded here to provide public notice. In Utah, once a document is properly recorded, everyone is legally presumed to have knowledge of it, whether they actually do or not. This is why recording is so important and why these records are the foundation of the title search.

Judgment and Court Records reveal lawsuits, court judgments, lis pendens (notices of pending lawsuits affecting property), divorce decrees that might affect ownership, and probate proceedings when owners have died. Judgments against property owners can become liens on their real estate, even if the judgment wasn't originally related to the property.

Tax Records from county assessors show property tax status, special assessments for improvements like roads or sewers, and tax liens for unpaid property taxes. Property taxes in Utah are a paramount lien, meaning they take priority over almost all other claims. Unpaid property taxes must be paid at closing from the seller's proceeds.

Federal Records include IRS tax liens against property owners, bankruptcy filings that might affect the owner's ability to sell, and federal court judgments. These are searched through federal lien indexes and the federal PACER court system.

Probate Records are searched when a previous owner died. The examiner verifies that the estate was properly administered, the property was correctly distributed to heirs, and all necessary probate documents were recorded. Properties inherited through probate can have complex title issues if the estate wasn't handled correctly.

Vital Records including death certificates, marriage licenses, and divorce decrees help verify identity and marital status. If John Smith owned property, the examiner needs to ensure the John Smith who sold it is the same John Smith who bought it, and that he had the legal right to sell it (for example, that his spouse also consented if required).

HOA and Property Records for properties in planned communities include declarations of covenants, conditions, and restrictions (CC&Rs), HOA bylaws and rules, unpaid HOA assessments that may be liens, and architectural restrictions. These can significantly affect your property rights and must be disclosed.

Municipal Records may reveal building code violations, unpaid utility liens, zoning issues, or required permits for structures. While not always part of the standard title search, examiners may research these when specific concerns arise.

What Problems Do Title Searches Commonly Uncover?

Experienced title examiners encounter various issues during searches. Some are routine and easily resolved, while others require significant work or even prevent the transaction from closing. Here are the most common title problems found in Utah:

Unpaid Mortgages from previous owners occasionally surface. Sometimes when property changed hands years ago, a mortgage wasn't properly released. The lender was paid off, but the release document was never recorded. Now it appears as a lien on the property. Resolving this requires obtaining a belated release from the lender or proving the mortgage was satisfied.

Tax Liens come in several varieties. Property tax liens for unpaid county taxes are common, especially if the seller is in financial distress. IRS liens against the owner attach to all their property. State income tax liens work similarly. Some liens must be paid in full at closing, while others can sometimes be negotiated.

Mechanic's Liens from contractors, subcontractors, or suppliers who weren't paid for work on the property can be particularly troublesome. In Utah, contractors have up to 180 days after completing work to file a mechanic's lien. If the seller hired contractors recently, there's a risk that liens could be filed even after you close on the property. This is why title policies typically have a gap period exception for mechanic's liens.

Judgment Liens from court cases against the owner attach to their real property. If the seller lost a lawsuit and owes money, the winning party may have recorded a judgment lien. These must typically be paid or released before closing, or the buyer risks inheriting the debt.

Easements for utilities, access, or other purposes are extremely common and aren't necessarily problems—most properties have utility easements. However, undisclosed easements giving neighbors access across the property or restricting where you can build can significantly affect property value and use.

Deed Errors include misspelled names, incorrect legal descriptions, missing signatures, improper notarization, or failure to include all necessary parties (like a spouse). Even small errors can cloud the title and must be corrected.

Missing Heirs issues arise when a previous owner died and the property passed to heirs who aren't all accounted for. Perhaps the deceased had children from multiple marriages, or distant relatives who should have inherited weren't located during probate. These heirs might later claim ownership interest.

Errors in Public Records happen more than you might think. County recorders can file documents in the wrong place, index them under the wrong names, or make transcription errors. Title examiners must spot these errors and determine how they affect the title.

How Long Does a Title Search Take?

The timeline for completing a title search varies based on several factors, but understanding the typical timeframe helps you plan your closing schedule.

Standard Timeline: 5-7 Business Days is typical for most residential properties in Utah. This allows time for the examiner to access records (some counties still require in-person research), conduct thorough research across all necessary sources, analyze findings and prepare the preliminary report, and have a senior examiner review the work for quality assurance.

The preliminary title report is usually provided within this timeframe, giving you and your lender time to review it well before your scheduled closing date. In a typical 30-day escrow period, the title search is ordered on day 1-2 and completed by day 7-9, leaving three weeks to address any issues discovered.

Factors That Extend the Timeline include complex ownership history with many previous transfers, properties that have been in the same family for generations (requiring extensive probate research), rural properties in counties with limited online records, properties involved in previous litigation or bankruptcy, and discoveries of title problems that require additional research. In these cases, searches might take 10-14 days or even longer.

Rush Searches can sometimes be completed in 2-3 days for an additional fee, though Prospect Title never compromises thoroughness for speed. Rush service is typically only offered for properties with straightforward ownership history in counties with fully digitized records. Not all properties are candidates for rush service.

The Review and Clearing Process continues after the initial search. While the preliminary report is delivered in 5-7 days, clearing identified issues can take additional time. Simple issues like obtaining a mortgage payoff might be resolved in 1-2 days, while complex problems like missing heirs or deed errors might require weeks of additional work and legal assistance.

This is why experienced real estate agents build adequate time into the purchase contract. A 45-day escrow period provides cushion for addressing title issues without delaying closing. A 21-day escrow might work for a simple transaction, but if title problems surface, there may not be enough time to resolve them before the scheduled closing date.

What's the Difference Between a Title Search and Title Insurance?

People often confuse title searches and title insurance, or assume they're the same thing. While they work together, they serve distinct purposes and provide different types of protection.

The title search is the investigative work—the research and analysis that identifies known problems with the title. It's a proactive process that happens before closing, designed to find and fix issues before you take ownership. Think of it as the inspection that finds problems you can address now.

Title insurance is the safety net that protects you against problems that weren't discovered during the search or that couldn't be discovered from public records. It's protection against unknown defects, covering things like forged documents, undisclosed heirs, mistakes in record-keeping, and errors in the title search itself.

Here's an analogy: when you buy a used car, you have it inspected by a mechanic (like a title search). The inspection finds known problems—bad brakes, worn tires, engine issues—that you fix before buying or negotiate with the seller. But you also buy a warranty (like title insurance) to protect against problems the inspection couldn't find—a hidden electrical issue or a defect in the transmission that only surfaces later.

The cost of title insurance includes the title search—you don't pay separately for each. When you purchase an owner's title insurance policy, the premium covers both the research (title search) and the insurance protection. This is why you can't simply opt for a title search without insurance, or insurance without a search—they're a package designed to work together.

The title search provides findings and exceptions. The preliminary report lists what was found during the search and what exceptions will apply to your policy. These exceptions are items discovered during the search that won't be covered by insurance (because they're known and disclosed). Title insurance then covers everything except those listed exceptions.

Can You Do Your Own Title Search?

Technically, yes—property records are public, and in many Utah counties, you can access them online. However, conducting a title search that's thorough enough to rely on for a property purchase requires professional expertise, and here's why.

Professional training and experience make an enormous difference. Title examiners undergo extensive training and spend years learning to interpret complex legal documents, identify potential problems that aren't obvious, understand the legal implications of various document types, recognize patterns that indicate title issues, and know what to look for in different transaction types.

Access to comprehensive resources gives professional title companies advantages individual researchers lack. We subscribe to specialized databases that index records across counties, have relationships with county recorders that facilitate research, maintain our own title plants (indexes) dating back decades, use proprietary software designed for title research, and employ experienced abstractors who know each county's unique system.

Legal knowledge requirements are substantial. Understanding title law involves knowing Utah property law and statutes, federal regulations affecting title, requirements for valid deed execution, lien priority rules, probate and estate law, bankruptcy's impact on property, and divorce law relating to property division. Misunderstanding any of these can lead to missing critical title defects.

Liability and insurance considerations are important. When you conduct your own search, you bear all risk if you miss something. When a professional title company performs the search, they carry errors and omissions insurance and stand behind their work with title insurance that protects you if errors occur.

Additionally, lenders won't accept a title search you performed yourself. They require a professional search and title insurance from a licensed, reputable title insurance company before funding your loan. So even if you do your own preliminary research, you'll still need a professional search for your closing.

That said, doing some preliminary research yourself can be helpful for understanding the property before making an offer. Many Utah counties have online property records where you can review the current deed, see recent sales history, check property tax status, and view recorded liens. This can give you a basic sense of potential issues before committing to a purchase.

What Happens After the Title Search Is Complete?

Once the title search is finished and the preliminary title report is issued, several important steps follow on the path to closing your transaction.

Reviewing the Preliminary Report is your first action. You'll receive a document showing the current vested owner, legal description of the property, any unpaid mortgages that will be paid at closing, recorded easements and restrictions, exceptions to title insurance coverage, and requirements that must be met before the policy is issued. Your real estate agent should review this with you, but you should read it carefully yourself.

Addressing Title Issues requires coordination between the title company, seller, and sometimes attorneys. Common resolutions include the seller paying off liens from their proceeds at closing, obtaining releases for previously satisfied debts, recording corrective deeds to fix errors, and resolving boundary disputes with neighbors or surveyors.

Clearing Requirements listed in Schedule B Part I must happen before the title company will issue the final policy. This typically includes obtaining payoff amounts for the seller's existing mortgage, receiving executed deeds and other necessary documents, verifying property tax status, and ensuring all parties have signed required documents.

Updating the Search happens continuously until closing. Title examiners run updated searches right up to the closing date to ensure no new liens or issues have been recorded. A judgment filed against the seller three days before closing needs to be caught and addressed.

Issuing Title Insurance occurs at or immediately after closing. Once all requirements are satisfied, documents are signed, and the transaction is recorded, the title company issues the final title insurance policies—an owner's policy protecting you and a lender's policy protecting your mortgage company.

Recording Documents is the final step. The deed transferring ownership to you and the mortgage granting your lender a security interest must be recorded with the county recorder. Once recording is confirmed, you officially own the property, and your title insurance coverage is in full effect.