What Does Title Insurance Protect Against?

While not all title policies are identical, the following risks are protected against by most policies of title insurance:


  • Improperly recorded legal documents
  • Documents executed under false, revoked or expired powers of attorney
  • False impersonation of the true land owner
  • Gaps in the chain of title
  • Undisclosed heirs
  • Prescriptive rights in another not appearing of record and not disclosed by survey
  • Defective acknowledgements due to improper or expired notarization
  • Corporate franchise taxes as liens on corporate real estate assets
  • Forged deeds, mortgages, wills, releases of mortgages, and other instruments
  • Deeds which appear absolute, but which are held to be equitable mortgages
  • Deeds by minors
  • Conveyances by an heir, devisee, or survivor of a joint estate who attempts to attain title by wrongful means
  • Conveyances by undisclosed divorced spouses
  • Inadequate legal descriptions
  • Duress in execution of wills, deeds, and instruments conveying or establishing title
  • Issues involving delivery of conveyancing instruments
  • Deeds and wills by persons lacking legal capacity
  • Errors in tax records
  • State inheritance and gift tax liens
  • Administration of estates and probate of wills of missing persons who are presumed deceased
  • Issues of rightful possession of the land
  • Issues concerning the rightful conveyances by corporate entities
  • Legal capacity of foreign personal representatives and trustees
  • Issues involving improper marital status
  • Rights of divorced parties
  • Improper modification of documents
  • Conveyances in violation of public policy
  • Misinterpretation of wills and ancillary instruments
  • Deeds by persons falsely representing their marital status
  • Claims by creditors of decedent against property improperly conveyed by heirs and devisees
  • Issues concerning unlawful takings by eminent domain or condemnation
  • Special tax assessments
  • Forfeitures of real property due to criminal acts
  • Conveyances and proceedings affecting rights of military personnel protected by the Soldiers' and Sailors' Civil Relief Act
  • Issues concerning interests noted in financial statements filed under the Uniform Commercial Code
  • Interests arising by deeds of fictitious parties
  • Adverse possession
  • Lack of jurisdiction or competency of persons in judicial proceedings
  • False affidavits of death
  • Federal estate and gift tax liens


Pacific-Realtors.net recommends that all buyers of real estate obtain a policy of title insurance and utilize the services of an independent escrow company.


Differences Between CLTA and ALTA Title Policies