This white paper explores three foundational elements of real estate title investigation: easements and rights-of-way, adverse possession risk, and the critical use of the grantor‑grantee index in unearthing ownership history and title defects. It provides legal context, practical risk mitigation strategies, and guidance on how expert title research supports clean, insurable property ownership.
Easements & Rights-of‑Way: Visibility in Due Diligence
Easements, legal rights allowing non-owners to use or access property and can significantly restrict use and value. Types include easement appurtenant, easement in gross, prescriptive easements, and easements by necessity. Rights-of-way (ROW) are a specific variant permitting passage across land .
Public‑record detection involves:
- Searching grantor and grantee indexes for recorded easement instruments
- Reviewing deeds and legal descriptions for exceptions or reservations
- Analyzing subdivision plats and survey data
- Reviewing restrictive covenants and Schedule B exceptions in title commitments
- Considering utility or municipal easements affecting corridor or access rights
Watch for vague descriptions, perpetual easements without termination language, or unrecorded use-based interests. Abstract Authority delivers detailed interpretation and reporting of these encumbrances
Adverse Possession: Risk to Marketable Title
Adverse possession enables someone occupying property adversely over a statutory period to claim ownership, provided the use is actual, open, exclusive, hostile, and continuous. Most states set periods between 7–20 years.
Property owners risk losing rights through inaction—mistaken fence placements, trespass, or unauthorized occupancy may lead to “quiet title” claims. Even potential adverse possession cases can cloud title, complicating financing or sales.
Title diligence must include:
- Visual inspections and historical aerials
- Boundary marking and signage
- Prompt enforcement of trespass or misuse
- Recording licenses or agreements to prevent hostile claims
At Abstract Authority, early detection of encroachment indicators can avert litigation and preserve marketable ownership.
The Grantor‑Grantee Index: Backbone of Historical Title Research
The Grantor‑Grantee Index is a chronological, name‑based ledger of recorded transfers, encumbrances, and conveyances. It is split into two components: the grantor index (documents by seller/transferor) and the grantee index (documents by recipient).
It enables:
- Tracing the chain of title to uncover missing or improper deeds
- Identifying liens, judgments, or encumbrances filed under personal names, not parcel records
- Locating easements, reciprocal agreements, or covenants recorded under individual names
- Verifying that transfers were executed by legally authorized parties, avoiding overlap or fraud.
Despite digital archives and GIS systems, name-index research remains indispensable in title examination due to indexing errors, wild deeds, or probate complexities. Abstract Authority emphasizes rigorous manual review of grantor‑grantee indexes as part of every comprehensive ownership report
Recommendations & Best Practices
- Easement analysis - Search recorded easements, map overlays, and survey notes; flag vague terms or unrecorded rights.
- Adverse possession vigilance - Conduct site visits; monitor boundaries; record agreements or licenses where necessary.
- Index diligence - Perform name‑based searches; verify continuity of chain; account for name variants and cross-referencing
- Reporting clarity - Document findings plainly; highlight risk areas; note recommended remedial measures
Due diligence in title research requires a multi-layered approach combining record search expertise, physical property monitoring, and interpretive legal insight. Easement identification, adverse possession awareness, and meticulous chain tracing using the grantor‑grantee index are essential for preserving clean, transferable title. Abstract Authority delivers robust ownership reports grounded in these principles.