When it comes to real estate, the clean transfer of ownership hinges on one critical factor: clear title. Whether you're purchasing a home, investing in a commercial property, or evaluating a parcel for development, understanding what title issues might be hiding in public records can help you avoid costly delays.
At Abstract Authority, we specialize in identifying and explaining title issues that may not be obvious at first glance. In this article, we explore the most common problems that surface in public records during title searches
Break in Title
Every transfer of ownership should be recorded sequentially. If a deed is missing or improperly recorded, it creates a "break" in the chain—casting doubt on current ownership.
Example: A deed from a prior owner was never recorded, making it unclear who legally conveyed the property to the current holder.
Undisclosed Liens
Public records can reveal involuntary liens such as:
- Mortgage liens
- Tax liens
- Mechanics’ liens
- Judgment liens
These can attach to the property, not the person, and may remain after a sale if not cleared.
Statute Reference: In states like Illinois and Arizona, mechanics' liens are governed by statutes such as 770 ILCS 60/1 and A.R.S. § 33-981, which make timely notice and recording essential.
Errors in Public Records
Clerical mistakes—wrong legal descriptions, typos in names, or incorrect notary acknowledgments—can cause title confusion or recording rejection.
Pro Tip: Always verify that the legal description matches the Assessor’s Parcel Number (APN) and GIS overlays.
Unknown Heirs or Probate Claims
When a property owner dies intestate (without a will), unknown heirs may later assert ownership—especially if the estate was never formally probated.
Warning Sign: Look for recorded affidavits of heirship or probate case numbers in the county’s public records or court index.
Improper or Forged Deeds
A deed signed by someone without legal authority—like a forged grantor signature or a mentally incapacitated person—can invalidate a transaction.
Red Flag: Watch for quitclaim deeds executed without supporting documentation or sudden ownership changes that appear suspicious.
Unreleased Mortgages or Liens
Mortgages that have been paid off but not formally released in the record can remain as open encumbrances.
Solution: Look for recorded satisfactions or releases; if absent, contact the lender for a “Release of Mortgage” document.
Boundary and Easement Disputes
Utility easements, shared driveways, or access issues may not show up on a plat map—but are often recorded as separate instruments.
Fact: Easements can be appurtenant (connected to the land) or in gross (personal or commercial use), and they run with the land if not terminated.
Restrictive Covenants and Use Violations
Some properties come with use restrictions set by HOAs or developers. Violations may trigger fines, lawsuits, or invalidate certain transfers.
Example: A covenant restricting commercial activity recorded in a 1995 declaration might still be enforceable today.
Failing to detect or resolve title issues can result in:
- Closing delays
- Denial of title insurance coverage
- Litigation post-purchase
- Inability to finance or resell the property
Investors and professionals rely on full public records searches, not just title commitments in assessing risk before moving forward.
Ready to verify clean title? Trust Abstract Authority for accurate, professional, and timely title and ownership reporting.