We are independent & ad-supported. We may earn a commission for purchases made through our links.
Advertiser Disclosure
Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.
How We Make Money
We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently of our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.
Finance

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

What is an Abstract of Title?

Mary McMahon
By
Updated: May 17, 2024
Views: 16,860
Share

An abstract of title is a document which provides information about the history of the legal title to a piece of real estate, with the goal of demonstrating that the title is clear. Before issuing title insurance, an abstract of title is usually prepared, and abstracts may be used in other settings as well. They can also be useful for historical research, as they can provide important information about the history of a piece of land or structure.

In some cases, the abstract of title may provide history from the first recorded ownership of the property, as for example when a grant of land was given to a settler by the government. In other instances, it covers a period such as 40 years or 60 years, showing the transactions surrounding the property which occurred during this period to provide information about whether or not the title is clear.

The abstract of title demonstrates when the property changed hands, whether or not there are claims or liens on the title which could cloud the title, and what kind of easements may restrict the use of the land. In addition, it indicates which rights have been transferred or sold. For example, timber or mineral rights may not be automatically granted with the title. Essentially, it provides complete information about where the property stands so that people can determine whether or not there may be problems with the title.

The details in the abstract of title discuss any events of historic interest, and provide references to legal documents which will back up the assertions made in the abstract. This differs from an opinion of title, in which a lawyer examines the legal documentation on the property and issues a legal opinion about the clarity of the title and who currently has rights to it. The document acts as a condensed history with references which people can use to check the facts for themselves.

If an abstract of title suggests that there may be problems with the title, the insurance company may opt not to grant title insurance until these problems are resolved. It is important for people to make sure that the records pertaining to resolution of liens and claims against the property are kept in good order, as they may need to demonstrate that something has in fact been resolved. It is also important to confirm that the records held by government agencies and title companies which pertain to a title are accurate and do not conflict.

Share
WiseGeek is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.
Mary McMahon
By Mary McMahon

Ever since she began contributing to the site several years ago, Mary has embraced the exciting challenge of being a WiseGeek researcher and writer. Mary has a liberal arts degree from Goddard College and spends her free time reading, cooking, and exploring the great outdoors.

Editors' Picks

Discussion Comments
By Misscoco — On Nov 05, 2011

I didn't realize that when you buy a property, that you aren't necessarily buying mineral rights or right to the timber that may be on your property. I don't know why you might not get these rights automatically when you buy the property.

What if, after you had owned property for a while, a gold mine was discovered, would you have claim to the gold? It doesn't seem right that the government could send someone in to cut down the timber. I'm confused about this one.

By BabaB — On Nov 04, 2011

My daughter works for a title insurance company and she has told me about some of the tangled messes that some properties are in when the property is changing hands. It can take a lot of time and research to get the needed records to straighten out the abstract of title and show that is it clear.

It's also interesting to look at property that was granted to someone by the government. In those days they had some awkward ways of land description - like so many footsteps beyond the rock outcropping. It's fascinating, but hard to put together.

Mary McMahon
Mary McMahon

Ever since she began contributing to the site several years ago, Mary has embraced the exciting challenge of being a...

Learn more
Share
https://www.wisegeek.net/what-is-an-abstract-of-title.htm
Copy this link
WiseGeek, in your inbox

Our latest articles, guides, and more, delivered daily.

WiseGeek, in your inbox

Our latest articles, guides, and more, delivered daily.