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Introduction to Legal Documentation in Real Estate

When it comes to property ownership, having the appropriate legal documentation is crucial. Whether you are purchasing your first home or seeking records for a property you have possessed for many years, a fundamental grasp of titles and deeds is essential.

These documents provide a record of the ownership history, which is known as the chain of title, serving as significant evidence of your ownership rights. In this article, we will explain what you need to know about getting the title and deed for your home. We will also cover how to do a title search. Finally, we will discuss how these documents protect your legal ownership rights.

AFX Research LLC Title Search, Title Search Report, Title Abstract Process, Property Title Search, Confidential Title Reports Nationwide San Luis Obispo keys and a model of a house for a title search
AFX Research LLC Title Search, Title Search Report, Title Abstract Process, Property Title Search, Confidential Title Reports Nationwide San Luis Obispo keys and a model of a house for a title search

Title vs. Deed: What's the Difference?

If you're in the market of either buying or selling a house, you'll likely run across terms like "title" and "deed." These terms are related but apply to different aspects of a real estate transaction.

Title is a description of the interest you have in the property. The title is not a physical document but rather a legal concept that generally denotes your rights and ownership.

A deed is a document used to officially transfer the title of the property from one party to another. It serves as an official record of that transfer and contains important information like the property description, previous owner's name, and new owner's name, among other terms of transfer.

While the title is shown to be an indication of the ownership of the property, the deed is the document which proves and documents that ownership. So, it is very important to know about the distinction between the two terms, namely deed and title, in order to handle the property accordingly.

Types of Deeds in Real Estate

There are a number of types of deeds, each with different levels of protection and implications for both the buyer and the previous owner.

General Warranty Deed

A general warranty deed is the best type of deed to get, for it affords maximum protection to the buyer by guaranteeing that the seller has clear title and a right to sell the property. This kind of deed ensures that there are no liens or interests in the property derived from previous owners.

Special Warranty Deed

A special warranty deed offers warranty that the seller has created no problems or claims on the title of the property during his ownership only. It does not guarantee that the property is free from issues that might have occurred with previous owners.

Quitclaim Deed

A quitclaim deed often used in family transfers or to resolve title issues, conveys whatever interest the seller has without warranties or guarantees. This is considered the least protective to the buyer.

  • How to Get a Copy of Your Home's Deed
  • You can get a copy of your home's deed in various ways, including online and in-person options.
  • County Recorder's Office

The most direct way to get a copy is through your county recorder's office, or property records office. You can request a copy with the title to the property or the address. Most counties will charge a small fee for printed copies, depending on the county prices range from about $5 to $20. Copies for visits in person are often provided the same day.

Online Property Records

Many counties provide access to records electronically, offering a way to retrieve and print your property deed for free or at a low cost with an online search. Records are easily located using either your address or a parcel number. If no free option exists, look for a low-cost alternative.

Title Companies or Third-Party Services

In the event that your county does not have online access, you will want to consider using a title company or other reliable third-party service. Businesses of this nature specialize in title work, which allows them to access property records quickly and for a fee.

Quick Tip: Going through the county office or website directly is going to be the most accurate way in getting an accurate copy most of the time.

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How to Conduct a Title Search: Making Sure Your Property Title Is Free and Clear

A title search is critical to ensure that there are no legal issues affecting the title to the property that you are going to buy, or currently own. Here is how to conduct a title search on property.

Steps to Conduct a Title Search

Collect Property Information

  • You begin by collecting general information such as the address or parcel number. This can be gathered from previous sale documents or tax records.

Order Public Records

  • To obtain public records, you need to visit the county recorder's or clerk's office; some counties have online access. The records will indicate the chain of title and at the same time release any interest in the property which may affect the ownership.

Liens and Encumbrances Search

  • A comprehensive title search indicates all liens, taxes owed, or pending legal claims against the property that may cloud ownership. Ownership can't be transferred until these matters are settled.

See if There are Any Restrictions or Easements

Some properties have restrictions to ownership, such as easements, which constitute the legally binding rights of others to use portions of your property, or otherwise. These won't necessarily bar you from ownership but may affect usage in some respects.

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AFX Research LLC Title Search, Title Search Report, Title Abstract Process, Property Title Search, Confidential Title Reports Nationwide San Luis Obispo image of a courthouse outside

Besides Free Title Search Options

If you are looking for a free title search, your best avenue will be to check out your local county's records online. Many counties will give you a basic search ability for free but will charge an extra fee if you want detailed reports or actual copies of the documents.

Title Companies and Real Estate Attorneys: Professional Assistance in Title Searches

Sometimes, a title company or a real estate attorney is hired when the sales and purchases of real estate are complex. These are specialized in the following:

  • Thorough title search in order to determine how clear the chain of title is
  • To confirm that all documentation is correct and complete regarding the property
  • Possible pitfalls that may occur-such as disputes over ownership of the property or unpaid debts.

A real estate attorney can be especially useful if there are issues to be worked out, as they can advise you on your legal rights and assist with clearing the title so you can confidently move forward in your transaction.

How to Get Your House Title

Now that you know you are the legal owner and the title is clear, you might want an official copy for yourself. Here is how you get the title to a house.

How to Obtain a House Title

Pay It Off or Transfer Ownership

  • When you have paid your mortgage, the title deed should be given to you by your lender. Check with them if all steps have been executed from their end regarding the title transfer.

Record with the County Recorder

  • Have the deed recorded at the county records office. This ultimately confirms title to the property in your name and provides constructive notice to the public of your ownership.

Request an Official Copy

  • Once this is recorded, you may request from the county recorder's office the official copy. This serves as proof of interest in the property and comes in handy during any future sale or transfer of property.

How to Take Title Deed of Property

  • In buying a house, "taking title" is a significant decision as it would affect your rights of ownership and possibly any future transactions. Following are the most common ways to hold title.

Sole Ownership:

  • Title is held by one person; most common when owners are single.

Joint Tenancy:

  • When two or more individuals hold title jointly, each with rights of survivorship. If one of the owners dies, his share of the property passes to another owner.

Tenants in Common:

  • There are several owners, each of whom owns a separate share. These shares may be freely sold or otherwise transferred to third parties independent of the shares of the other owners.

Questions and Answers: Titles, Deeds, and Property Ownership

Which one is more important, deed versus title?

Both are necessary, but in terms of legal title, the title takes precedence, as it signifies ownership. Still, the deed is the proof of that ownership, and it's needed in all real estate deals.

How do I see my house's deeds?

 check with your county recorder's office or their website if records are available online. Most counties now have access, with no charge or at a low cost for a fee.

How do I get a copy of my house title?

 In essence, it is not the title but the title deed that proves ownership; it's what you'll get from the county recorder or a title company.

The terms deed and title are often used together in real estate, but they refer to different concepts.

What is the difference between deed and title?

Title

  • Definition: Title represents ownership of the property and your legal rights to it.
  • What It Means: Holding the title to a property means you have the legal right to use, modify, or transfer the property, subject to any limitations (like liens or easements).
  • Form: Title is a concept rather than a physical document, representing your interest in the property.

Deed

  • Definition: A deed is a physical, legal document that formally transfers ownership of the property from one person to another.
  • What It Includes: A deed details the property’s legal description, the names of the previous and new owners, and any specific terms or warranties involved in the transfer.
  • Types of Deeds: Common types include general warranty deeds, special warranty deeds, and quitclaim deeds, each offering different levels of protection for the buyer.

How can i see the deeds to my house and the property?

To view the deed to your house, you can start by visiting your local county recorder’s office in person, where staff can help you locate and obtain a copy for a small fee. Many counties also provide online databases, allowing you to search property records by address or parcel number and often download the deed directly.

If you encounter difficulty, a title company or real estate attorney can access property records on your behalf, though they may charge a fee. Additionally, some third-party websites offer access to property records for a fee, though county resources are typically more accurate and may be free or low-cost.

Q: How do I do a title search?

A title search is performed to verify county records regarding the chain of title and identify any potential issues with the property's ownership. Many of these records can be accessed through the Internet or by visiting a title company.

Conclusion: Safeguard Your Rights with Proper Title and Deed Documentation

Whether purchasing a home or taking title to one, clear title and deed records are paramount. Understanding the distinction between property title and deed, the process of conducting a title search, and how you can obtain a copy of your home's deed are ways to ensure protection of your ownership rights in your home. Whether independently or with professional guidance through a title company or real estate attorney, these steps ensure peace of mind in any property transaction.