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Title Review & Examination Attorney in Indianapolis
Title examination by an attorney goes far beyond title insurance. A comprehensive title review identifies liens, encumbrances, boundary disputes, easements, probate issues, and other defects that could affect your property rights or future ability to sell. A title review attorney examines the full chain of ownership, performs independent lien searches, and works to clear defects before closing.
What Title Examination Reveals (That Title Insurance Misses)
Title insurance companies perform title searches to issue an insurance policy. Title attorneys perform title examinations to protect your interests. The difference matters.
Title insurance is reactive: it covers you if a defect was missed during the title search and discovered after you close. Title examination is proactive: we find defects during the examination so we can cure them or renegotiate before closing. Title insurance only goes back as far as the title company searches (sometimes 30–40 years). Title examination often goes back 60–80+ years to identify patterns or structural issues. Title insurance protects the lender’s interest first; an attorney’s examination protects your interests.
Common Title Defects We Uncover
Liens • A prior owner had unpaid federal or state income taxes, property taxes, or judgment liens against the property that were never satisfied. These survive closing and become your liability. We search court records independently of the title company to catch these.
Encumbrances • The property might have easements (a utility company’s right to run lines across your property), deed restrictions (a neighborhood association’s rights to control land use), or covenants (restrictions on how you use the property). Some are benign; others prevent future development or improvement. We identify and evaluate each.
Boundary Disputes • A survey might reveal that your fence is 2 feet over the property line on your neighbor’s land, or that the prior owner’s improvement encroaches on your land. These create ongoing disputes and limit your development. We identify them and work with neighbors to resolve.
Probate Issues • A property inherited by multiple heirs might not have been properly transferred to one of them, or a prior probate might have overlooked debts against the estate that attach to the property. We examine probate court records to ensure clear inheritance.
Mechanic’s Liens • A contractor who performed work on the property but was never paid might have filed a mechanic’s lien that clouds title. We search for these and negotiate release before closing.
Missing or Irregular Deeds • A gap in the ownership chain or a prior deed that didn’t properly transfer the property creates title issues. We examine the entire chain and request corrections or curative affidavits to close gaps.
Clearing Title Defects: Strategies
When we discover a title defect, we have several options:
Negotiate with the Seller
Most commonly, we ask the seller to clear the defect before closing: pay off the lien, negotiate easement release, obtain boundary agreement from neighbors, or provide an affidavit resolving the chain of title issue. This is why discovering defects during contract due diligence is critical — the seller still has incentive to cure.
Renegotiate the Purchase Price
If the seller won’t cure the defect, we renegotiate: reduce the purchase price by the estimated cost of resolving the issue after closing, or the seller pays the attorney fees to resolve it. This pushes the risk and cost to the seller, where it belongs.
Title Insurance Exception
Some title insurance companies will insure over a known defect if it’s documented and the lender agrees. We negotiate these exceptions with the title company, though most lenders resist this approach. It’s a last resort.
Obtain an Affidavit or Release
For clerical gaps or old liens, we sometimes obtain an affidavit from the party with the interest (a lienholder, a prior owner, a boundary neighbor) that releases or clarifies their interest. This is faster and cheaper than litigation.
Title Insurance vs. Attorney Examination: How They Work Together
Title insurance and attorney examination aren’t alternatives — they’re complementary. Title insurance protects you from unknown defects. Attorney examination finds known defects before closing so you’re not relying on insurance.
Think of it this way: You wouldn’t buy a house without a professional home inspection, even though your homeowner’s insurance might cover problems discovered later. You get the inspection to find problems first. Title examination is the same concept. We find problems first, fix them, and then you’re covered by title insurance for anything we missed (which is rare if we’ve done thorough work).
Title Review FAQs
What does a title examination include?
A comprehensive title examination includes examining the full chain of ownership going back 60–80+ years, performing independent lien searches through federal and state courts, reviewing the current title commitment, identifying easements and encumbrances, examining survey accuracy, checking for boundary disputes, researching probate records, and examining all prior deeds and transfers.
How much does title review cost in Indianapolis?
Title examination fees typically range from $400–$1,000 depending on property complexity and historical issues. This is a one-time investment that protects a significant asset and typically prevents far more expensive problems.
Is title insurance enough? Do I need an attorney examination?
Title insurance protects you from unknown defects. Attorney examination finds known defects before closing. They work together: we find and fix problems first, then you’re covered by title insurance for anything we missed. Most prudent buyers use both.
Can a boundary dispute prevent me from closing?
Not always, but it can complicate closing. If the dispute is minor and your lender accepts it, you might close subject to the dispute. If it’s substantial, you might need to resolve it with the neighbor before closing or renegotiate the purchase price.
Title Problems in Multi-Generational Properties
Family properties that have passed through multiple generations often carry hidden title issues: an aunt inherited the property in 1988 but never formally transferred it, a decades-old family disagreement created a boundary encroachment, or a prior probate never addressed all debts against the estate. These issues don’t go away — they compound. When you try to sell, they surface and block closing.
If you own a family property with unclear ownership history, a title examination now can identify and resolve decades of issues before they become your problem. This is particularly important if you’re approaching estate planning — clearing title issues now makes it far easier for your children to inherit and eventually sell.