Title Search Report

A Title Search Report also known as a property search report or land search report, is a legal document that provides detailed information about a property's ownership history, encumbrances, and legal standing. It's crucial for verifying a property's legal legitimacy and ensuring a smooth transaction before a sale or mortgage.

The process of examining all relevant records to confirm that the seller is the legal owner of a property and that there are no liens or other claims outstanding. A Title Search (preliminary report) is important because it reveals if there are any defects in the title to the property. The property title search includes any property when a preliminary report is requested. With the preliminary report it will show the legal description of the property, the current owner’s name, all underlying encumbrances, liens, judgments, deeds, and any other underlying matters, such as easements, covenants, conditions and restrictions (CC&Rs) and agreements which affect and run with the land.

Key Aspects of a Title Search Report:

• Ownership History: The report traces the property's title back over a period, typically 12-13 years for private properties and 30 years for government-owned properties, to verify the current owner.

• Encumbrances: It reveals any existing debts, mortgages, or other financial liabilities associated with the property.

• Legal Standing: The report checks for potential disputes or legal issues that could affect the property's title, like boundary disputes, easements, or unpaid taxes.

• Verification of Title: The report verifies the legitimacy of the property's title, providing assurance that the buyer is transacting with a genuine party and that the property is free from any encumbrances or legal issues.

• Importance in Transactions: A title search report is essential for real estate transactions, including buying, selling, or obtaining a mortgage.

Scope of Title Search Report:

The report will reflect only those transactions that have been done though a registered document. If the transfer had been done through an unregistered document such as an unregistered power of attorney, agreement to sale, lease deed, will, family settlement, unregistered partition deed etc., details of such transactions will not be reflected in the Title Search Report. Apart from this, a search report may also include details of property tax status/dues, mutation status, any unauthorized construction, any stay order or injunction order given by Court, permissible usage and zoning as per the Delhi Master Plan 2021 and Zonal Plans etc.

How is Title Search Conducted:

• Document Review: An advocate or title search company typically reviews various legal documents related to the property, such as sale deeds, transfer documents, and court records, to determine the property's history.

• Public Record Scrutiny: The process involves searching through public records at courthouses and county offices to gather relevant information.

• Legal Interpretation: The collected data is then analyzed and interpreted to determine the property's legal status and to identify any potential issues.

Importance of the Report:

The report will help in finding out whether the property which the buyer is planning to purchase is free from all sorts of monetary issues and legal liabilities. It will help the purchaser in making a right and well-informed decision with regard to the investment of his hard-earned money in the property. If the report is positive, it provides an assurance and confidence to the buyer that the seller has a clear and marketable title and that the ownership of the property can be freely transferred by the seller. It helps in reducing the risk of litigations and disputes in the future and ensures that buyer does not face any unpleasant surprises later on.

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