Before a real estate transaction can close, one critical step must be completed: the title examination. This process confirms that the seller has the legal right to transfer ownership and that no hidden issues could affect the buyer after closing. In West Virginia, Ohio, and Pennsylvania, a proper title examination is one of the most important safeguards in any real estate transaction.
At Guida Law Offices, title examinations are a core part of the closing process. Understanding what attorneys look for during this review helps buyers and sellers see why this step matters and how it protects everyone involved.
What Is a Title Examination?
A title examination is a detailed review of public records related to a property’s ownership history. The goal is to verify that the title is clear, accurate, and legally transferable. Attorneys review deeds, court records, tax filings, and other documents to uncover any issues that could delay or derail a closing.
Unlike a basic title search, a legal title examination involves analysis and judgment. Attorneys are trained to spot problems that may not be obvious on the surface but could create serious issues later.
Why Title Examination Matters Before Closing
A clear title ensures that the buyer receives full ownership rights without unexpected claims or legal disputes. If title issues are missed, they can result in:
- Delayed or canceled closings
- Unexpected financial liability
- Legal disputes after purchase
- Problems selling or refinancing in the future
Addressing these issues before closing protects both buyers and lenders and helps transactions move forward smoothly.
What Attorneys Look for During a Title Examination
During a title examination, attorneys review multiple aspects of the property’s history. Here are the most common issues they look for before closing.
Ownership Chain and Deeds
Attorneys verify the chain of title, which shows how ownership has transferred over time. They confirm that:
- Each prior transfer was valid
- All required signatures were properly recorded
- The current seller is the legal owner
Gaps or errors in the chain of title must be corrected before ownership can transfer.
Liens and Judgments
One of the most important parts of a title examination is identifying liens or judgments tied to the property. These may include:
- Mortgages, deeds of trust, or home equity loans
- Tax liens
- Contractor or mechanic’s liens
- Court judgments against the owner
Any unresolved lien must be paid, released, or otherwise addressed before closing.
Property Taxes and Assessments
Attorneys confirm that property taxes are current and identify any unpaid balances or special assessments. Delinquent taxes can create a lien on the property, even if the buyer was not responsible for them.
Easements and Rights of Way
Easements grant others certain rights to use part of the property. Common examples include utility easements, shared driveways, or access roads. Attorneys review these carefully to ensure they are properly recorded and disclosed to the buyer.
Boundary and Legal Description Issues
The legal description in the deed must accurately match the property being sold. Attorneys check for:
- Errors in lot descriptions
- Overlapping boundaries
- Inconsistencies between surveys and deeds
Boundary issues can lead to disputes with neighbors or limit how the property can be used.
Restrictions and Covenants
Some properties are subject to restrictions or covenants that limit use. These may involve:
- Homeowners association rules
- Land-use restrictions
- Limitations on building or subdivision
Attorneys ensure these restrictions are properly recorded and disclosed so buyers understand their obligations.
Probate or Estate Issues
If a property was inherited, attorneys verify that probate or estate requirements were properly completed. Missing paperwork or unresolved estate claims can prevent a clean transfer of ownership.
How Title Issues Are Resolved Before Closing
When an issue is found, attorneys work to resolve it before closing. This may involve:
- Obtaining lien releases
- Correcting deed errors
- Filing affidavits or corrective documents
- Coordinating with lenders, courts, or municipalities
Resolving these matters early helps avoid delays and protects buyers from future claims.
Title Examination vs. Title Insurance
A title examination identifies and resolves known issues before closing. Title insurance provides protection if an unknown issue arises after closing. Both work together to safeguard the transaction.
Attorneys play a key role in both steps by reviewing the title, clearing defects, and ensuring the title insurance policy accurately reflects the property’s status.
How Guida Law Offices Handles Title Examinations
Guida Law Offices conducts thorough title examinations for residential and commercial transactions throughout West Virginia, Ohio, and Pennsylvania. Our attorneys review each title with care, identify potential risks, and work to resolve issues before they become problems.
If you are preparing to buy or sell property, a proper title examination is one of the best ways to protect your investment. Contact Guida Law Offices to learn how our team can help ensure a smooth and secure closing.