ENERGY LAW GUIDE: Title Work

Title is a legal term for a bundle of rights in a piece of property in which a party may own either a legal interest or an equitable interest. The rights in the bundle may be separated and held by different parties. It may also refer to a formal document that serves as evidence of ownership.

What is a title search is a process that is performed primarily to determine the answer to three questions:

• Does the seller have a saleable interest in the property?
• What kind of restrictions or allowances pertain to the use of the land (real covenants, easements, or other servitude's)?
• Do any liens exist on the property which need to be paid off at closing (mortgages, back taxes, mechanic's liens, or other assessments)?

Doing a title Search

• Begin in the Grantee's Index with the current property holder

• Follow the previous owners located in the Grantors column

• Search the Previous Owners Name in the Grantee's Index, continue until time of indisputable source of title

WV Code for Estates and Property