What is Title Insurance and why do I need it when buying Dallas real estate? To understand title insurance, let's look at what is known as "chain of title" and how title companies search public records. Title searches begin with when the US government claimed the land using a U. S. patent and moving forward from that point. Because people are involved in recording deed transfers and plotting land parcels, a lot of mistakes can happen. You want title insurance because it will protect you against these defects and "people errors".
- County records are often maintained at local courthouses or the Clerk of Registrars.
- Property transfers were first recorded alphabetically in separate Grantee and Grantor books.
- Today, most records are stored in computer files.
- Dallas foreclosures will also be shown in the public records.
- Early deeds involved large chunks of land known as Townships.
- Townships contain 36 sections and are six miles by six miles.
- Sections measure one mile by one mile and contain 640 acres.
- Half of a section is 320 acres.
- 1/4 of a section is 160 acres.
- 1/4 section of 1/4 section is 40 acres.
- An acre is 43,560 square feet
- Title searches start with the most recent deed, searching the grantee's name backwards in time, until the deed when the grantee acquired the property is located.
- That grantor's name is then searched backwards in time in the grantee's book to find when the grantor acquired title as a grantee.
- This process continues and the property description involves larger and larger parcels of land.
- Eventually, the searcher gets to the U. S. Patent.
- You can learn more about Title Searches by visiting popular Dallas real estate blogs.
- Tax sales
- Death certificates
- Marriage records
- Lender's Title Policy Coverage:
- Unrecorded easements and access rights
- Mechanic's liens and unrecorded liens
- Defects and other unrecorded documents
- Owner's Title Policy Coverage:
- Defective recordation
- Clear title to the property
- Incorrect signatures on documents
- Forgery, fraud
- Restrictive covenants
- Encumbrances or judgments
- Owner's Coverage - Extended
- Structure damage from mineral extractions
- Building permit violations from previous owners
- Subdivision maps
- Covenant violations from previous owners
- Variety of encroachments and forgeries after title insurance is issued
- This can differ from county to county, but it is negotiable in the offer to purchase.
- Sellers and buyers split the fee for the owner's policy.
- Generally, the buyer pays for the lender's coverage.
