What is the process for investigating the title of a commercial real estate property?

When investigating the title of a commercial real estate property in Delaware, the process begins when the buyer of the property purchases a title search from an experienced title company. During the search, the title company will review the public records for any documents or disputes related to the property. The title company will compile all the information they find and create a title report detailing the current status of the property’s title. If there are any liens or judgments that are still in effect, the title company will also provide information on how to clear them. The next step in investigating the title of a commercial real estate property in Delaware is to obtain a legal opinion from an attorney who is knowledgeable in commercial real estate law. This opinion letter typically will confirm the chain of title, outline any encumbrances on the title, and provide advice regarding any potential legal issues regarding the property. Lastly, an abstract of title is prepared by recording all of the information found in the title search and legal opinion letter. This abstract of title is a concise summary of the history of ownership of the property. It also includes a copy of the deed, any easements or covenants that are in place, and any other documents related to the title. Once the buyer has reviewed the abstract of title, they can be sure that the title is clear and complete.

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