. : Why is a title search necessary? : .

A title search is necessary to determine whether there are any liens, encumbrances or other potential clouds on the title. Most lenders providing a mortgage will require that you purchase title insurance. A title search is also needed in order for a title insurance company to issue a title policy insuring the property. Only an attorney is qualified to evaluate the legal issues that may arise during a title search. 

In Vermont land records are maintained in each of the state’s 246 towns and cities. A title search requires the attorney to examine the land records in the town where the property is located. In determining whether the record owner of the property has marketable fee simple title as defined in 27 V.S.A §601 the attorney must first establish an unbroken chain of title that is at least 40 years in duration. Once the chain of title is known the attorney must then review all instruments that have been recorded affecting anyone who owned the property during the 40 year search period.