Title Search and Examination Services
Every real estate transaction starts with the title. Our examiners dig deep into the public records so there are no surprises at closing.
What a Title Search Examines
A title search is a detailed examination of the public records affecting a specific property. Our abstractors review decades of records to verify that the seller has clear, marketable title.
Chain of Title
We trace ownership of the property through every conveyance, from the current owner back through prior owners, verifying that each transfer was properly executed and recorded. In Louisiana, this means reviewing acts of sale, donations, successions, and other conveyance instruments.
Liens & Encumbrances
We search for mortgages, tax liens, judgment liens, mechanic's liens, IRS liens, and any other encumbrances recorded against the property or its owners. Any outstanding liens must be resolved before or at closing.
Easements & Servitudes
We identify any recorded easements, servitudes, or rights-of-way that affect the property. In Louisiana, these include predial servitudes (right of passage, drainage) and personal servitudes (usufruct, right of use).
Boundary & Survey Issues
We review legal descriptions and available survey data to identify potential boundary conflicts, encroachments, or description discrepancies that could affect ownership or use of the property.
Tax Status
We verify the current tax status of the property, including any delinquent ad valorem taxes, special assessments, or tax sale redemption periods that could affect title.
Code Violations & Municipal Liens
We check for open code enforcement violations, demolition liens, or other municipal claims that could transfer to the new owner if not resolved before closing.
Louisiana-Specific Considerations
Louisiana's civil law system creates title complexities that do not exist in common law states. Our examiners have deep expertise in these Louisiana-specific issues.
Community Property
Louisiana is a community property state. Property acquired during marriage is presumed to be owned jointly by both spouses, regardless of whose name is on the title. This means:
- •Both spouses typically must sign to sell or mortgage community property
- •Divorce decrees and community property settlements must be reviewed
- •Separate property declarations and prenuptial agreements affect title
Successions
When a property owner dies in Louisiana, title does not automatically pass cleanly to heirs. A succession proceeding must be completed and a Judgment of Possession recorded before heirs can sell or mortgage the property. Our title search identifies any missing or incomplete successions in the chain.
Forced Heirship
Louisiana's forced heirship laws give certain children (those under 24 or those with permanent disabilities) a right to a portion of their parent's estate. This can create unexpected claims against property that was sold or donated without properly accounting for forced heirs.
Prescriptive Periods
Louisiana has specific prescriptive (time-limit) periods that affect title claims. For example, a 10-year acquisitive prescription can establish ownership for someone who has possessed property openly and continuously. Understanding these periods is essential to evaluating title risk.
When You Need a Title Search
Purchasing Property
Every real estate purchase should include a title search. It is a standard part of the closing process and is required for title insurance.
Refinancing
Your lender will require an updated title search to verify that no new liens or encumbrances have been recorded since your original purchase.
Selling Property
A pre-listing title search can identify and resolve issues before they delay or derail your sale. This is especially valuable for properties that have been in the family for generations.
Estate Planning & Succession
When preparing for succession or estate planning, a title search confirms current ownership status, identifies any existing liens, and ensures the property records are accurate.
Property Disputes
If you are involved in a boundary dispute, ownership claim, or quiet title action, a title search provides the factual foundation for your case.
What If We Find a Problem?
Title issues are more common than most people realize, especially in Louisiana where property records can span centuries. Here is what happens when our search uncovers an issue:
We Identify and Document the Issue
Our examiner flags the problem in the title commitment and explains what it means in plain language.
We Recommend a Resolution
Whether it requires a payoff letter, a curative document, a succession proceeding, or a court action, we outline the steps needed to clear the title.
We Help Coordinate the Fix
We work with the parties, lenders, and attorneys as needed to resolve the issue and move the transaction forward.
We Clear the Title and Close
Once the issue is resolved, we update the title commitment, issue the title insurance policy, and proceed to closing.
Request a Title Search
Contact us to order a title search for your Louisiana property.