Title Search

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Title searches are updated prior to closing and we have assistance to resolve problems if they arise during the process. A title search, also known as title deed search, is a standard part of the property purchase process. It is a legal examination of public records to follow the historical chain of transactions pertaining to a given property. At TWS Title searches are pursued in a timely manner to prevent unnecessary delays in the closing process.

In the state of Arkansas, title searches must comply with Arkansas Code minimum search requirements:

(b) The search shall include a review of all matters affecting the title to the property or interest to be insured for a continuous period of not less than the immediately preceding thirty (30) years.
A.C.A. § 23-103-408 (Lexis Advance through all acts of the Third Extraordinary Session (2022), including corrections and edits by the Arkansas Code Revision Commission).

Why is a title search necessary?

A title search can reveal defects in title that can affect a purchaser’s ownership and/or ability to later sell property. Depending upon the type of defect that might be discovered, it can prevent the purchase entirely or result in the loss of the property. Some examples of title defects include:

  • Missing or improper transaction filings
  • Previously unknown or undisclosed heirs or owners
  • Conflicting wills
  • Unsettled property survey or boundary disputes
  • Liens on the property for debts, unpaid repair work, even unpaid spousal or child support
  • Divorce decree stipulations
  • Bankruptcies or delinquent property taxes
  • Forgeries
  • Easements – rights given to another party such as access to a lake or to a utility company for placement of equipment.
  • Mistakes on the property deed such as missing signatures

When a title defect is discovered, completion of the sale of a property will be delayed until the defect is remedied, or cleared. Neither can a title insurance policy be issued or purchased until such an issue is resolved.

As noted above, a title search is an essential part of the property buying and selling process. However, it is important to remember that execution of a title search is not the same as purchasing title insurance.