Before most property changes hands in the United States, someone examines decades of public records. The search exists because ownership claims can survive a sale unless they are found first.
The recording system it searches
County offices maintain records of documents affecting real property, indexed by the names of the parties or by parcel identifier depending on the jurisdiction.
Recording does not create ownership. It provides public notice, which under state law generally determines whose claim takes priority when two conflict.
A searcher works backward through these indexes assembling a chain of transfers, then forward again checking for anything recorded against each owner in the chain.
What counts as a defect
Liens are the most common finding, including mortgages, tax liens, judgment liens and mechanic's liens filed by contractors who were not paid.
Easements grant others rights over the property, such as access or utility placement. They typically survive a sale and bind whoever owns the land afterward.
Other defects include gaps in the chain, improperly executed documents, boundary discrepancies and claims arising from probate or divorce proceedings not properly concluded.
Why some problems are unfindable
A search covers recorded documents. Some claims are not recorded, including forgery in a prior deed, an unknown heir, or a signature obtained without capacity.
Recording offices also make indexing errors, and a document indexed under a misspelled name may be legally recorded while being practically invisible.
These residual risks are why the search is paired with insurance rather than treated as a definitive answer about ownership.
How title insurance responds
Title insurance covers defects existing before the policy date, unlike other insurance which covers future events. The premium is paid once at closing.
A lender's policy protects the lender's interest in the amount of the loan, while an owner's policy separately protects the buyer's equity in the property.
Policies carry exceptions listing known matters the insurer will not cover, so reading the exception schedule reveals what the search actually found.
Why the process differs by state
Some states conduct closings through attorneys who render title opinions, while others use title companies and escrow agents to coordinate the transaction.
A minority of jurisdictions operate registration systems where the register itself establishes title, reducing the need to reconstruct a chain from documents.
Local practice therefore determines who performs the search, what it costs, and how the findings are communicated before the transaction is completed.