Advanced Title Examination and Curative Work

A chain of title is the sequential history of all conveyances and encumbrances affecting a property. A "break" in the chain occurs when a transfer cannot be traced through recorded documents — for example, when a deed was never recorded, when a conveyance was made by someone other than the record owner, or when an estate was not properly probated before the property was transferred.

Common chain of title defects include: missing probate proceedings (when a property owner died and the estate was never formally administered), unrecorded conveyances (when a deed was executed but never recorded), deeds from entities that were not properly formed or authorized, and conveyances by persons using different name variations throughout the chain. Curative work may involve locating and recording missing documents, obtaining affidavits from witnesses, filing quiet title actions, or retaining an attorney to prepare corrective instruments.

A quiet title action is a lawsuit filed to establish ownership of real property and eliminate competing claims. The plaintiff asks the court to declare that they hold valid title, "quieting" all adverse claims. Quiet title actions are commonly used to resolve boundary disputes, clear tax sale titles, establish title after adverse possession, and remove old liens or encumbrances that should have been released.

The process involves filing a complaint in the appropriate court, serving notice on all known and potential claimants (often through publication for unknown claimants), presenting evidence of title, and obtaining a court decree. The decree is then recorded and becomes part of the chain of title. Quiet title actions can take several months to years to complete and involve significant legal fees, making them a consideration in the cost analysis for properties with title issues.

Surveys reveal physical conditions that may affect title, including encroachments (structures extending beyond property boundaries), gaps (unmapped strips between parcels), overlaps (conflicting legal descriptions that claim the same area), and discrepancies between the legal description and the actual physical boundaries. These issues can be difficult to resolve because they may involve disputes with neighboring property owners.

Encroachments are among the most common survey issues. When a structure on one property extends onto an adjacent property, the encroaching owner may be required to remove the structure, purchase the encroached-upon land, or negotiate an easement. If the encroachment has existed for longer than the statutory period, the encroaching owner may be able to claim ownership through adverse possession. Boundary line agreements between neighboring owners can sometimes resolve encroachments without litigation.