Search Requirements

There is no minimum period required by either (A), (B) or (C). However the long-standing customary search periods are: for loan policies, a minimum 30 year search, although circumstances can require a lengthier search; for owner’s policies, a minimum 60 year search, although circumstances may require a lengthier search.

No minimum search requirement (25-year minimum title plant required by AS 21.66.200). Many patents are less than 20 year olds. No mandated standards for examination. No marketable record title act.

(A) There is no state law requiring a minimum period of time for a title search but a title plant must typically have a minimum 40 year chain;
(B) There is not a marketable record title act;
(C) No other applicable state requirements.

Arkansas Law requires a minimum 30 year search.

Minimum periods of time for a title search –
State law – no
Marketable Record Title Acts – no
Other applicable standards – STG requirement mandated by Bulletins and practices.

State law requires a search that will allow for “a reasonable examination of the title” and “a determination of insurability of title in accordance with sound underwriting practices for title insurance companies”.

The minimum period of time for a title search is forty years pursuant to the Marketable Record Title Act. By custom and underwriting practice, shorter search periods are generally used for refinance transactions.

There is not a minimum search period required by statute or marketable record title act; however, the standard of practice is a 60-year search.

There are no statutory guidelines in the District of Columbia for title searches. We follow the Stewart Title Guaranty Co. underwriting guidelines concerning search requirements.

(A) State Law: No.
(B) Marketable Record Title Acts: requires a search of at least 30 years from root of title.
(C) Other Standards: When issuing an ALTA owner’s or loan policy with specific Schedule B Exceptions on one-to-four improved residential property, a search from an examined subdivision base file is permitted but in no event less than a 20 year search period. If there is a prior owner’s or loan policy with specific Schedule B Exceptions, the search may come from the Effective Date of the prior policy. Streamlined search procedures have been approved by Florida for use on equity and refinance transactions involving residential one-to-four unit properties.

Streamlined procedures, use of starter files and other search requirements are more specifically set forth in Stewart Florida Bulletin FL000094 (January 2, 2002). 

(A) State Law: Under Title Standard 2.1, a record title covering a period of 50 years or more is considered sufficient to determine marketability. We require a minimum of a 50 year search unless the agent consults a local underwriter for approval relating to a reduced search on the property.

(B) Marketable Record Title Acts: The marketable title act has a 40 year search requirement but it is local custom to follow the State Bar of Georgia title standards referred to in (A) above. O.C.G.A. 44-2-22 “a prima facia case shall be made out in actions respecting title to land upon showing good record title for a period of 40 years, and it shall not be necessary under such circumstances to prove title to the original grant from the state. Marketable title has been defined in a number of court cases as title which can be sold to a reasonable purchaser or mortgaged to a person of reasonable prudence. (Cowdery v. Greenlee, 126 Ga. 786, 790, 55 S.E. 918 (1906)).

(C) None.

Please see GA2013005 on Georgia Title Search Requirments.

No specific minimum period is required by state law, marketable record title act or other title examination standard. Statute states that “no title insurance policy may be written unless and until the title insurer has caused to be conducted a reasonable search and examination of the title, and has caused to be made a determination of insurability of title in accordance with sound underwriting practices.”

State law does not require a minimum time search. Instead, a title insurance policy may be issued based on a search and examination of the title and a determination of insurability of title in accordance with sound title underwriting principles. See Idaho Stat. 41-2708.

Illinois does not require any particular time period for a search by law or regulation. There is a 40 year statute of limitation on claims to real estate, with some exceptions, pursuant to 735 IL CS 5/13-118.

(A) There is no minimum period of time for a title search required by state law. However, IC 27-7-3-21 provides that a title search of real estate must be performed for issuance of a title insurance policy unless the principal amount of the mortgage is not more than $50,000, the mortgage is subordinate to a prior mortgage where a title search was conducted and a title policy was issued and the mortgage is not a reverse mortgage.

(B) Under the Indiana Marketable Title Act set forth at Indiana Code 32-20-1 et seq., root of title is fifty (50) years.

(C) The only title examination standards for search are provided by Underwriter.

40 years per marketable record title act.

KSA 40-235 defines reasonable search and examination and determination of insurability: For owner's policies and loan policies insuring purchase money mortgages, the search and examination shall be conducted by a title insurance agent or an employee of a title insurance company licensed to do business in Kansas or an abstracter licensed to do business in Kansas. The search and examination shall be based upon a search of all applicable records of the county, state and federal offices in which the real estate is located, as may pertain to the marketability of title for a minimum period of 25 years, or from the date of the previously issued title insurance policy, whichever period is less.

There are no state-imposed search periods, no marketable record title acts, and no standards imposed by a state bar association. Each underwriter sets its own search standards.

1. From the Insurance Code

La RS 22:512(17)(b)(vi)(gg)

(gg) Length of examiner's search and date of earliest recorded instrument reviewed by the examiner. If the transaction being insured is a sale, the minimum search period shall be thirty years, or longer, if necessary, in order to reach an arms-length sale between unrelated, third parties. If only a mortgage is being insured, then the search shall be for a minimum of ten years or two links in the chain of title, whichever is greater. However, such minimum search periods for a sale or mortgage shall not apply to any transaction made prior to and on January 1, 2013, by the Road Home Corporation, The Louisiana Land Trust, or any political subdivision, of property originally acquired in connection with the Road Home Program.

and

2. Louisiana State Bar Association - Uniform Title Standards Committee (2001 Edition)

Standard 2.1 Period of Search

The marketability of title shall be determined based upon a search and examination of the public records in the names of the record owners of the subject property for a period of 35 years or such longer period of time as may be necessary to commence the examination with a conveyance for consideration.

Background Notes: The Uniform Title Standards Committee recognized that the 35-year period may constitute a shorter period than has customarily been used in many localities. In the interest of establishing a standard, the committee agreed to rely upon the principle that prescription, including 30-year acquisitive prescription, generally runs against all persons absent any applicable exception. See, La. Civ.C. art. 3468. The period of 35 years was selected as a compromise. It does not address the issue of whether there was a patent properly signed or some other non-prescriptive claim. This standard therefore suggests a minimum time period.

(A) No.
(B) No.
(C) The Maine State Bar Association Standards of Title require a minimum period of search of 40 years, based upon a warranty deed. A longer period of search may be required depending upon the starting point.

A) In Maryland, a 60 year search is the standard for examining marketable title. See Coe v Hayes, 105 Md. App. 778, 785 (1995). Extension of this time period may be required if circumstances so indicate (e.g., restrictive covenants in old subdivision that pre-date a 60 year search). See Dept of Natural Resources v Welsh, 308 Md. 54, 57 (1986).

B) Maryland does not have a Marketable Title Act.

C) Other than case law, there are no applicable title examination standards.

On residential real estate where there is mortgage financing the attorney is required to do a 50-year search in order to avoid liability under consumer-protection statutes.

There are no statutory or case law search parameters establishing minimum search periods.

No state law imposed time period. The marketable title act is 40 years.

By custom and practice, minimum search period is 32 years.

Search must be made at a Registered Title Plant (a set of geographically indexed records registered with the DIFP) unless a search from the plant cannot be obtained at a reasonable cost in a reasonable time. The Plant must contain records which encompass at least the most recent forty-five years. RSMO 381.031.22. (A) The minimum required by state law is a search from a 45-year plant; (B) no marketable record title act; marketable title determined by case law and Title Standard; (C) Title Examination Standard of The Missouri Bar is 45 years but the base title required will generally exceed 45 years.

There is no state law minimum search. There is no marketable record title act, so a complete search is required back to patent.

There is no minimum period of time for a title search required by state law. There is a Marketable Title Act. The Act extinguishes a variety of interests (with several exceptions) if the current record titleholder or immediate or remote grantors have an uninterrupted chain of title for at least 22 years.

(a) State law requires an adequate search be conducted. No time frame in the statutes.
(b) State law requires and adequate search be conducted in order to insure marketable title. No time frames in statutes.
(c) State law directs the issuing agent to meet the standards as required by the underwriter for issuance of a policy of title insurance.

(A) No.
(B) No.
(C) The New Hampshire Bar Association Title Examination Standards require a minimum period of search of 35 years, based upon a warranty deed. A longer period of search may be required depending upon the starting point.

NJ does not have statutory requirements. Practice is to follow Stewart Guidelines. See MU000018.

Absent back title on owners policies a full search should be performed. Loan policies with specific schedule B exceptions no less than 20 years. Short form loan policies: 2 deeds back if no back title. Commercial files should have a full search of 60 years.

No minimum title search period is required by state law, marketable record title acts or other applicable title examination standards. See Section 59A-30-11A NMSA 1978. NM law and regulations require all title insurance agents to own, operate or control a title plant with at least 20 years of historical real estate records, which is certified by the state Insurance Division. See Section 59A-12-13 NMSA 1978.

Searches are typically 40 to 60 years.

A full title search of no less than 30 years with a 10 year NC judgment search and 20 year Federal judgment search. The 30 year date is based on the NC Marketable Title Act, Chapter 47B of the NC General Statutes, and this will not cover all title matters. The attorney should use his/her best judgment as to whether 30 years is sufficient.

(A) There is no statutorily mandated period of time to search.
(B) NDCC 47-19.1-01: 20 year- marketable title. This statute is relied upon to clear old interests.
(C) As a practical matter, abstracts are generally updated so the entire chain is usually available and examined. Title companies will come forward from prior files.

Marketable Title requires a search of at least 40 years from root of title, as set forth in Revised Code Sections 5301.47 et seq.

Ohio Standards of Title Examination as promulgated by the Ohio State Bar Association likewise refer to ORC 5301.47 et seq.

Oklahoma law requires that the period of time for the search of title is from the inception of title (Statehood). All abstract/title plants in Oklahoma must consist of a set of records in which an entry has been made of all documents or matters which legally impart constructive notice of matters affecting title to real property, which are filed or recorded in the offices of the county clerk and the court clerk for which such abstract/title plant is maintained. 1 O.S. § 21.

Abstracting relating to court proceedings under the Simplification of Land Titles Act, 16 O.S. §62(b), (c) & (d), when instruments have been entered or recorded for 10 years or more, may be limited as provided in the statute. Oklahoma Title Standard No. 29.1, 29.6.

The Marketable Record Title Act, 16 O.S. §§ 71 – 80 is remedial in character and can be relied upon as a cure or remedy for such imperfections as fall within its scope. Oklahoma Title Standard No. 30.1, 30.13.

(A) State Law: No
(B) Marketable Record Title Acts: No
(C) Other applicable title examination standards: No

The only requirement is that the title insurance companies have a 50 year plant

No state law imposes a minimum period nor does the state have any marketable title acts, however, the standard search period for a purchase transaction where there is no back title evidence is 60 years.

There is no minimum period of time for a title search required by state law. Rhode Island has a Marketable Title Act in Rhode Island General Laws, Section 34-13.1-1 (40 years). It has no provision relative to the length of title searches. The Rhode Title Standards, Standard No. 2.1, provides that a record title covering a period of 50 years or more is marketable, provided that it is based upon a warranty deed.

(A) No
(B) No
(C) No

There are no statutory or regulatory requirements which specify a minimum period for title searches.

SDCL 43-30-1: 22 years, Marketable Title Act.

There is no state law, title acts or examination standards. The Tennessee Code only requires a “reasonable search”.

Please refer to Tennessee Code Section: T.C.A. 56-35-129

There is no minimum search requirement. The minimum period covered by an abstract plant is 25 years. All searches must be done in an abstract plant if one exists in a county or unless all of the owners of abstract plants in the county refuse to provide title evidence within the times and for the prices sets out in P-22-P-25. There is no marketable record title act. There are Title Examination Standards, which do not authorize a minimum period for the search.

Instead of a state required time period, state law requires that the title insurer or its producer conduct a reasonable search and examination of title and that the insurer or producer has made a determination of insurability to title under sound underwriting principles. See Utah Code Ann. § 31A-20-110. Evidence of the title search must be retained for no less than 15 years after the policy has been issued. See id.

According to the Utah Marketable Title, marketable title exists if a person has an unbroken chain of title of record for forty years or more. See Utah Code Ann. § 57-9-1 et seq.

A 40 year title search covering a period to an instrument recorded at least 40 years is sufficient for a title purview of the Marketable Record Title Act (27 V.S.A., Ch 5), provided that the basis thereof is a deed, a deed under some governmental authority, a probate proceeding in which the property is reasonably identified or described, a mortgage deed subsequently foreclosed, or any other instrument which shows of record reasonable probability of title and possession thereun­der, provided further, that none of the title instru­ments within that period actually searched discloses any title defects or outstanding interests in third parties, in which case, the search should be extended beyond the 40-year period in order to determine the existence and validity of such defects or interests at the time of the search. Reference is made to Vermont Title Standard 2.1.

(a)(b)(c) None. Accepted practice is 40 years constitutes a full search, although some attorneys still insist on 60 years.

(a)(b)(c) None. Accepted practice is 40 years constitutes a full search, although some attorneys still insist on 60 years.

(A) No mandated state minimums.
(B) Marketable Title Act (Wis. Stat. Sec. 893.33) 40 years for easements and covenants, 30 years for other interests.
(C) There are no title standards in Wisconsin.

State law does not require a minimum period of time for a search. Instead, a title insurance policy is based upon adequate evidence of the current condition of title certified in writing as of the date of the policy by a person authorized to act as a title abstractor or based upon the opinion of an attorney authorized to practice law in the state. See Wyo. Stat. §26- 23-308.

Wyoming has a marketable record title act. See Wyo. Stat. §34-10-101 through 109.