The Importance of Title Searches in Deed Preparation

At the Law Office of Keith D. Peterson, CPA, J.D., I work with property owners, buyers, and sellers every day who are preparing to transfer real estate in Texas.

While much of the focus tends to be on the deed itself, I can tell you from experience that a properly prepared deed is only as reliable as the title search behind it. 

In my real estate law practice, I’ve seen how overlooked title issues can derail even the most straightforward transactions. That’s why I always stress the value of a thorough title search before drafting or signing any deed.

Why Title Searches Matter in Texas Property Transfers

A title search serves as the foundation of any deed transfer. It uncovers the legal history of a property and determines who actually owns it, whether there are liens attached, and whether any restrictions or encumbrances exist. 

Without this information, a deed may transfer rights the grantor doesn’t legally have, or pass on legal problems to the new owner. In Texas, where property ownership is taken very seriously, skipping or rushing through this process can have long-term legal consequences.

When clients come to me with questions about preparing a deed, one of my first steps under real estate law is to review the chain of title. That means looking back through public records to trace ownership, checking for breaks, and confirming that each transfer was properly executed. 

If there’s a gap, a judgment lien, or an unresolved interest, it can lead to disputes later. These issues might not be obvious at first glance, but a good title search brings them to light so we can deal with them before they cause problems.

Common Issues Found in Title Searches

In Texas real estate law, the legal status of a property can be affected by more than just a current mortgage. One of the most frequent problems I encounter during title searches is undisclosed liens. 

These can come from unpaid taxes, HOA dues, mechanic’s work, or even court judgments. They follow the property, not the person, meaning a buyer could inherit those debts without realizing it.

Another issue involves unclear ownership. In some cases, properties have been passed down through generations without formal probate or proper deed transfers. This creates “clouds” on the title—uncertainties that affect who actually holds ownership rights.

If one heir sells without the consent of others, or if a deed was recorded improperly, it can lead to lawsuits or forced sales. Real estate law in Texas requires clean title for a deed to effectively transfer property, so we can’t afford to ignore these problems.

Deeds and Legal Boundaries

Title searches also verify the legal description of the property. That includes lot numbers, metes and bounds, and any easements that may run with the land. When I prepare a deed, I don’t rely on informal descriptions or assumptions about boundaries. 

I use information verified by title research and surveys, so the legal record matches what’s physically being transferred.

This is especially important in areas where land has been subdivided or changed hands multiple times. Real estate law in Texas is strict about how property is described in legal documents. 

A poorly written or vague description can make a deed invalid or require costly corrections down the line. That’s why I never treat the title search as a formality—it provides the factual base for everything that follows.

Quieting Title and Clearing Defects

If a title search reveals a problem, the solution depends on what kind of issue we’re dealing with. Sometimes, we can resolve it with a release or an affidavit. Other times, we need to file a lawsuit to “quiet title.” 

This process asks the court to remove old claims, fix recording errors, or determine ownership when it’s disputed. It’s a common step in Texas real estate law when people discover problems only after attempting to transfer property.

I’ve helped many clients through this process, and in most cases, it’s far better to address title defects before signing a deed. Trying to fix them afterward usually means more legal fees, delays, and stress. 

When someone signs a deed without knowing about a title defect, they may unintentionally pass the problem to the next person—and open themselves up to liability. My job is to help clients avoid that outcome entirely.

Title Insurance and Due Diligence

Another important layer in deed preparation is title insurance. Although not required by law in Texas, title insurance is highly recommended in most real estate transactions. It protects the buyer (and sometimes the lender) from losses due to undiscovered title defects.

But even with insurance, real estate law places a duty of due diligence on the parties involved. That means doing your homework, reading the title report and addressing any red flags before closing. Key steps include:

• Reviewing the title commitment and identifying any potential issues

• Understanding exceptions listed in the report and what they mean for ownership

• Communicating with the title company about exclusions or amendments

When I represent clients in real estate matters, I review the title commitment and advise on any exceptions or concerns. I want them to know exactly what they’re getting and what potential problems may arise later. 

In some cases, the insurance company may exclude certain risks, like easements or mineral rights. Those exclusions need to be addressed up front—sometimes by amending the policy, sometimes by walking away from the deal.

Recording and Legal Finality

After a deed is signed, it must be recorded with the county clerk to have legal effect under Texas real estate law. But recording doesn’t fix a bad title—it simply makes the deed public and establishes its priority over future claims. 

If the deed is based on faulty or incomplete information from a weak title search, recording it won’t protect you. That’s why I put just as much care into verifying the title as I do into preparing the deed.

Once the deed is filed, the chain of title moves forward with a new owner. Any defects left unresolved become part of that record. This can impact future sales, financing, or property development. 

I’ve had clients come to me years after a transaction, frustrated to learn that an old lien or missing signature has made it difficult to sell. These are avoidable problems when the title is properly examined from the start.

Trust Transfers and Intra-Family Transactions

Even when real estate is transferred between family members or into a trust, title searches still matter. I’ve seen clients assume that because there’s no money changing hands, there’s no need for legal scrutiny. 

But under real estate law in Texas, ownership must still be properly documented, and title issues can affect any transaction, regardless of the relationship between parties.

When preparing deeds for trust funding or family transfers, I always begin with a title review. If a previous generation transferred land without recording a deed, or if someone died without a will, the title may be incomplete. 

Those gaps can create uncertainty later, especially if the family disagrees or the trust needs to sell the property. I treat every deed as part of a larger legal picture, and I use the title search to guide each decision along the way.

Real Estate Law and Legal Responsibility

As a Texas attorney, I understand the legal responsibility that comes with drafting deeds. Under real estate law, mistakes in title can lead to lawsuits, financial loss, and even criminal allegations if someone claims fraud. 

That’s why I never rush through deed preparation or assume that prior owners did everything correctly. Each transaction deserves a fresh look, grounded in the public record and the facts.

I also make sure my clients understand what the deed actually does. Whether it’s a general warranty deed, special warranty deed, or quitclaim deed, each type offers different levels of protection. 

Those protections only work if the underlying title is clean. A warranty is only as good as the chain of title behind it, and a quitclaim deed may offer no protection at all if title problems exist. My job is to help clients choose the right path and prepare documents that stand up in court, not just at the closing table.

The Next Steps

In my practice as an experienced real estate law attorney at the Law Office of Keith D. Peterson, CPA, J.D., I’ve handled every kind of real estate transaction, from commercial buildings to rural acreage to residential homes. I’m proud to serve individuals throughout Northwest Houston. Call today to set up a time to talk.