How to Piece Together a Property’s Title History

A property’s title history reveals its ownership trail, liens, and any disputes or irregularities that might affect your rights as the new owner. When purchasing or investing in real property, understanding its title history is crucial.

Why is a Property’s Legal Title Important?

Legal title is important because Evidence Code § 662 provides that: “The owner of the legal title to property is presumed to be the owner of the full beneficial title. This presumption may be rebutted only by clear and convincing proof.” In turn, legal title is defined as: “A title that evidences apparent ownership but does not necessarily signify full and complete title or a beneficial interest.”^[1]Legal Title, Black’s Law Dictionary (11th ed. 2019). A deed that has been properly recorded is an example of legal title. 

Compiling a property’s title history is a detailed process that requires accessing various records and understanding legal documents. This diligence ensures you make informed decisions in any real estate transaction.

Documents that Prove Property Ownership

Certain legal documents can prove your rights to real property and these records can help you verify ownership and piece together the property’s title history.

1. Deeds, e.g.,. Grant Deed, Quitclaim Deed, Trust Transfer Deed: A deed “is a written instrument that conveys or transfers the title to real property. It is an executed conveyance and acts as a present transfer of the property.”^[2]Miller & Starr, 3 Cal. Real Est. (4th ed.) § 8:1. This document shows a transfer of ownership when transferring title from one party to another. Deeds include a description of the property as well as naming both the grantor (seller) and grantee (buyer) of the property. In California, a “quitclaim deed transfers whatever present right or interest the grantor has in the property.”^[3]City of Manhattan Beach v. Superior Ct. (1996) 13 Cal. 4th 232, 257. A quitclaim deed will evidence the transfer of real property ownership from one party to another.
2. Deed of Trust (sometimes known as a mortgage): Unlike a typical deed that transfers ownership of real property, a trust deed does not convey the ownership rights to the property. A deed of trust is a document used in financed real estate transactions when a party has taken out a loan to purchase a property. Similar to a mortgage, a trust deed serves as collateral by securing a loan against the specific real estate property. It is an agreement between the borrower (trustor) and lender (beneficiary) to have the legal title transferred to a third party (trustee), such as a bank, escrow company, or title company until the loan is paid off. Some people may refer to this as a mortgage. Note: This legal agreement between a borrower and a lender for the purchase of real property. This promissory note outlines the terms of the loan and articulates who owns the property with a mortgage lien.
3. County Public Records: Individuals can obtain official documents such as deeds from the local county’s public records. These records, maintained by the county in which the property is located, may provide evidence of property ownership, liens, taxes, and other pertinent details. Additionally, county records may contain information on property boundaries, zoning regulations, and any encumbrances or restrictions associated with the land.

What Resources Are Available for Tracing the History of a Property?

1. Title Profiles and County APN Searches: Search by Assessor’s Parcel Number (APN) to find current and former parcel numbers, associated party names, variations in names, and property addresses. This can also uncover any legal actions affecting the property, such as lis pendens that indicate pending lawsuits.
2. Westlaw and Lexis Database: Utilize resources like Westlaw and LexisNexis for detailed legal and historical data concerning property transactions.
3. Zillow and the MLS: Websites like Zillow and the Multiple Listing Service (MLS) can offer insights into property sales history, price changes, and previous listings, which are valuable for cross-referencing information found in public records.
4. Google Maps: The Street View function can provide a visual history of the property, showing past and current structures and improvements, which might not be detailed in written records.

Title vs. Deed: What’s the Difference?

Why is Title History Critical in a Partition Action

Consent among co-owners is not necessary to file a partition action because a “tenant in common has an absolute right to partition.”^[4]Formosa Corp. v. Rogers (1951) 108 Cal.App. 2d 397, 409. A property’s title history establishes a co-owner’s absolute right to partition and helps determine the ownership interests of each party involved in the partition as required for an interlocutory judgment of partition under Code of Civil Procedure 872.720.

Documents like mortgage notes and deeds can reveal encumbrances, such as mortgages, liens, or easements, that may affect the real property. These encumbrances can impact the value of the property and the distribution of proceeds from the sale of the property.

Talkov Law’s Partition Attorneys Can Help

If you want to end your co-ownership relationship, but your co-owner won’t agree, a partition action is your only option. Title history of the property is of paramount importance and the eight full-time partition lawyers at Talkov Law are equipped to provide tailored solutions to intricate real estate issues. Contact California’s #1 partition law firm by reaching out to Talkov Law. For a free consultation, call (844) 4-TALKOV (825568) or reach out online today.