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Difference Between Title Opinion and Title Search

When buying property, especially land or a house, most people feel confused about the legal steps. Two common terms we often hear are u201ctitle searchu201d and u201ctitle opinion.u201d

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Difference Between Title Opinion and Title Search

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  1. Difference Between Title Opinion and Title Search When buying property, especially land or a house, most people feel confused about the legal steps. Two common terms we often hear are “title search” and “title opinion.” At first, they sound similar. But, both are different, and both are very important. Let me share this from my point of view. I’ve seen many people who skipped these steps and ended up with problems like land disputes or ownership issues. So, I always suggest checking these two things before buying any property.

  2. What is a Title Search? A title search means checking the background of the property. This step helps us to know who really owns the land or house. When I do a title search, I look into records from the government office or sub-registrar office. I want to know: ● Who is the actual owner? ● Was the property sold before? ● Are there any loans or court cases on it? ● Is it free from legal problems? I don’t trust words. I always ask for documents and check them properly. A good title search shows everything clearly. If there is any confusion or missing paper, I pause the deal. What is a Title Opinion?

  3. Now comes the title opinion. After we complete the title search, we show the documents to a lawyer. The lawyer studies the documents and gives a written statement. This is called a title opinion letter. In simple words, the lawyer tells us whether the documents are clear and valid. They check if the seller has full rights to sell the property. If something is not right, the lawyer will mention it. This title opinion gives us confidence. Without a lawyer’s opinion, I never go ahead with the registration. Title Search vs. Title Opinion: Main Differences Title Search: It’s a background check of the property. Done by checking records and documents. It shows ownership and legal issues.

  4. Mostly done by the buyer or agent. No legal guarantee. Title Opinion: It’s a legal opinion given by a lawyer. Done after reading the title search documents. It confirms if the documents are legally correct. Only a lawyer gives the opinion. Gives legal confidence to move forward. Why Both Are Important in Land Purchase? I have seen cases where the buyer only checked the title search but didn’t get the lawyer’s opinion. Later, they found hidden issues like joint ownership or court cases. They had to run to court for years.

  5. Sometimes, people got a lawyer’s opinion without proper title search. But if any document was fake or missing, even the opinion becomes weak. That’s why I always tell my friends, “Do a proper title search. Then get a strong title opinion from a trusted lawyer.” It is not a waste of money. It is a smart step. Simple Real-Life Example: Let’s say you are buying a land in Chennai. The seller shows you all papers and says everything is clear. Step 1: You or your agent visit the sub-registrar office and get copies of sale deeds, EC (Encumbrance Certificate), and patta. You check if the name on the documents matches the seller. This is title search.

  6. Step 2: You give all these documents to your lawyer. The lawyer reads and checks every page. They find that one signature is missing or the land has been part of a case before. This is title opinion. Documents Required for Title Search: When I do a title search, I usually collect these documents: ● Previous sale deed copies ● Patta/Chitta or land record ● EC (Encumbrance Certificate) for 30 years ● Approved layout or FMB sketch ● Property tax receipt What to Expect in Title Opinion Letter? A lawyer’s title opinion usually includes:

  7. ● Owner’s name and history ● Legal status of the land ● Any dispute, loan, or mortgage ● Whether the seller can sell ● Suggestions for registration I keep a copy of this opinion safely with my property documents. My Final Advice: Whether you buy land for home, investment, or business, do not rush. Always do a full title search. Then get a title opinion from a skilled lawyer. These two steps protect you from future trouble. In my experience, many people skip this to save time or money. But later, they pay more to fix legal issues for to avaoid any legal issuses better to consult with the property legal opinion lawyers. So I follow the safe route.

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