Real Estate Title Insurance
Title Examination
A title examination in Massachusetts is a close examination of all public records that involve title (deed) to a piece of real estate. The involves a search at past deeds, wills, and trusts to make sure the title has passed correctly to each new owner. The examiner tries to verify that all prior mortgages, judgments, and other liens have been paid in full.
A title search is intended to uncover any potential problems such as rights others may hold--right of ways, view easements, power line easements, mineral rights--claims by prior undisclosed heirs, and pending legal actions.
Definition of title "clouds"
In Massachusetts, a title "cloud" is a problem that makes ownership of the property questionable. A previous owner may have sold the property 15 years ago listing his wife on the deed but forgetting to sign-off at closing. Her interest in the property is considered a "cloud" in Massachusetts and needs to be removed to clear the title.
