Legal Question in Real Estate Law in California



I have written a Grant Deed to transfer Title of some property (vacant land) to an acquaintance. I have not recorded it with The County Recorder yet. I have in my posession a Title-Searched Grant Deed of present ownership. The two Grant Deeds, present and future are sufficient to preclude any need for a Title Search to protect the buter, correct? I have personally brought no encumbrances on my property until the present time. Again, no Title Search needed to completely protect the buyer after I record the new Grant Deed with the County Recorder in his name, correct?


Asked on 7/01/22, 12:30 pm

1 Answer from Attorneys

Timothy McCormick Haapala, Thompson & Abern, LLP

There are too many possible variables to say "yes." For starters, you say you have in your possession a "Title-Searched" Grant Deed." Was that deed recorded? Who did the title search? Was it insured? You say you haven't brought any encumbrances, but what about ones you didn't voluntarily bring, valid or not? The bottom line is that there is nothing that completely protects a buyer of real property from clouds or adverse claims on title. Even title insurance backed by a thorough professional title search by a title officer isn't a perfect guarantee. For example, I have a case now where a neighboring land owner claims a prescriptive easement over my client's property. That would never show up in a title search.

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Answered on 7/02/22, 12:56 pm


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