Conducting a title search is a critical step in any real estate transaction, helping buyers and lenders confirm ownership history and uncover any potential issues with the property. In Texas, title searches can range from simple reports in major counties where there is lots of title data to labor-intensive manual searches in rural areas. This article breaks down the process of ordering a title report, explains how title research is conducted in different locations, and highlights key legal considerations.
How to Order a Title Report in Major Texas Counties
In large Texas counties like Harris, Dallas, and Travis, title searches are relatively straightforward. These counties have well-developed title plants, which are databases containing indexed property ownership and transaction records. Because of these systems, title reports can be ordered quickly from title vendors for around $100 to $200.
If a buyer or seller needs title insurance, the title company will use this report to generate a title commitment, which outlines the conditions under which a policy will be issued.
A standard title commitment typically includes:
- Schedule A – Identifies the current property owner and legal description of the property.
- Schedule B – Lists exceptions to coverage, including easements, restrictions, and other recorded matters.
- Schedule C – Details outstanding liens, judgments, or defects that must be resolved before closing.
The Challenges of Title Research in Rural Counties
In contrast to urban areas, rural counties often lack a centralized title plant. This means title research must be done manually by examining historical property records at the local courthouse or clerk’s office.
The manual process involves:
- Grantor-Grantee Index Review – This index records property transactions, listing the seller (grantor) and buyer (grantee).
- Chain of Title Reconstruction – By tracing ownership from one grantee to the next, an attorney or title examiner can establish a continuous history of ownership.
- Review of Recorded Liens and Encumbrances – This includes mortgages, tax liens, and other legal claims that may affect the title.
Since rural counties may not have digital records, attorneys and landmen specializing in oil and gas law frequently conduct these manual searches for mineral rights ownership. This can be an expensive and time-consuming process, sometimes requiring a search that dates back to when Texas land grants were first issued under Spanish or Mexican rule.
Conclusion
Title research in Texas can be as simple as ordering a report from a title vendor in a major county or as complex as manually reconstructing a property's history in a rural courthouse. While standard title reports are relatively inexpensive and quick to obtain, rural title research can be time-intensive and costly. Whether you need a basic title report or an in-depth search, working with an experienced real estate attorney can help you navigate potential pitfalls and ensure a clear property title.
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