Legal Help with Real Estate Title SEARCHES
Protect Your Investment With a Thorough Title Search
A title search is a thorough investigation into the history and status of a property's title and is essential in ensuring clear ownership.
The title search requires us to search back forty years plus one deed prior to the forty years to make sure no prior owner improperly encumbered the property. We will examine each deed in this chain of title to be sure the property was properly conveyed to each owner. We will also check the period of time that each of the prior owners had the property to be sure they did not improperly encumber the property. If we discover issues with the title to the property, we will notify the attorney for the seller and request that the seller cure the title issues. If we discover a serious title problem, it might delay or prevent your purchase.
Please be aware that our title search is not a guarantee of good title. There are many things that can be wrong with the title to a property that a perfect title search will not reveal. We recommend an owner's title insurance policy to protect against this risk.
Our title report will not guarantee boundary lines or the number of acres being purchased. If you have boundary line or acreage concerns, we recommend you consult a surveyor. Our title search does not determine the value of the property. To determine the value of the property, we suggest you consult with an appraiser. Our title search does not include any determination as to the condition of the property, compliance with any permit conditions, location in a flood zone, location in a wetland, or any other matter that can be determined by a physical inspection of the property.
What is a Title Search?
Learn what a title search is and why it’s a critical part of every Vermont real estate closing.
Get Peace of Mind Before You Close
To protect against these risks, we recommend you consult with a professional home inspector, engineer, and other appropriate professionals. If the property has an on-site septic system, our office will make no determination as to the status of the septic system. We strongly recommend you consult with an engineer to determine the condition of the septic system and to let us know if the septic system has failed. Our title search will not determine the quantity or quality of water from a drilled well or other private water system. We recommend you have a water test completed and have an engineer inspect the well. Please let us know if you learn of a failure of either the septic system or water supply, as this will trigger permitting requirements. We would be happy to provide you referrals to other professionals who can help you with any of these matters.
Our title search does not include a search of the neighboring properties. We will make no representations as to current or potential uses of neighboring properties. We will make no determination of neighboring well or septic isolation distances that may encroach onto your property. The isolation distances from a neighbor’s well and septic system may impact where you can install new or replacement wells or septic systems or prevent their installation altogether. We encourage you to consult with an engineer to make determinations of well and septic isolation distances
After the closing, our office will conduct up to three post-closing title updates to check for required mortgage discharges or other lien releases, and we will send out two letters seeking mortgage discharges or releases. If we are unsuccessful in obtaining required mortgage discharges or other lien releases following the two letters, we can refer you to a litigation attorney or a professional discharge tracking service for additional assistance.
FREQUENTLY ASKED QUESTIONS
What Is a Title Search in a Vermont Real Estate Transaction?
A title search is a detailed review of public land records to confirm the legal ownership of a property and identify any liens, mortgages, judgments, easements, or other encumbrances that could affect clear ownership. In Vermont, land records are maintained at the town level, and a thorough title search analyzes decades of recorded documents so buyers and lenders can be confident the title is marketable.
Why Is a Title Search Important When Buying or Selling Property in Vermont?
A title search identifies legal issues—such as undisclosed liens, errors in deed descriptions, probate issues, or boundary disputes—that could interfere with the transfer of real estate. By uncovering these issues before closing, a Vermont real estate attorney can resolve defects in advance, preventing delays, disputes, or financial loss after the sale.
Who Performs the Title Search in Vermont?
In Vermont, a title search is typically conducted by the purchaser’s real estate attorney. Because Vermont land records vary by town and can include historical filings, an experienced attorney understands where and how to locate critical documents and interpret complex title histories.
How Long Does a Title Search Take in Vermont?
The time required for a title search depends on the property’s history and whether any issues are found. For most residential properties with straightforward histories, a title search can be completed in several business days. More complex title chains or historical issues may require additional review. The goal is to uncover and address title defects before closing.
What common title issues are discovered during a Vermont title search?
A title search sometimes reveals problems that must be resolved before a property can be transferred. One of the most common issues in Vermont is an old mortgage that was paid off but never properly discharged in the land records. Other issues may include judgment liens against a prior owner, unpaid property taxes, or missing documents in the chain of title. In some cases, a prior transfer may not have been properly recorded, or a deed may contain an error in the legal description of the property.
Title searches may also uncover easements or rights-of-way that affect how the property can be used, such as access rights across neighboring land or utility easements. Occasionally, issues arise when property was transferred after the death of an owner and the probate records do not clearly show that the property passed to the current seller. Identifying and resolving these or other possible title issues before closing helps ensure that the buyer receives clear and marketable title to the property.
What happens if a title issue is discovered during the search?
If a title problem is identified during the search, it is usually addressed before the closing can take place. This may involve resolving liens, recording missing documents, correcting errors in prior deeds, or obtaining releases from parties who have an interest in the property. Resolving these issues ensures that the buyer receives clear and marketable title when ownership is transferred. If it’s not possible to resolve and issue, the Purchase and Sale Contract typically allows a buyer to terminate the contract and receive back all deposit money.