When a buyer or seller of property makes a purchase or sale, it is usually presumed that as long as taxes have been paid and the deed has been recorded, the title will be clean. In reality, however, hidden defects in the chain of title can reveal themselves years—sometimes decades—down the road after a property has changed hands. They can lead to postponed closings, claim disputes, and even lawsuits.
That is where patent title searches come in. These searches trace land ownership back to the original land patent from the U.S. government. For buyers and homeowners in McIntosh County, a patent title search can be an invaluable tool to protect against hidden issues buried deep in your property’s past.
At Abstracts of McIntosh County, Inc., we’ve seen for ourselves how a good patent title search can be a game-changer for a real estate transaction. In this article, we cover what a patent title search is, how it’s done, and why it’s a critical step towards guaranteeing peace of mind in the long term.
A patent title search is a thorough review of a piece of property’s legal history, starting when it was initially transferred from the government to the private sector. In most cases, that translates to tracing the title back to the original land patent—a legal document created by the federal government transferring land to individuals, settlers, railroads, or veterans.
The reason for a patent title search is to disclose any gaps, flaws, or inconsistencies in the chain of title from the time the patent was issued until the present day. Such issues can affect the marketability of the property and, in the worst-case situations, create legal claims against the present owner.
A chain of title is a sequence of previous transfers of title to the property. It is made up of sales, inheritances, foreclosures, and lawsuits. Whenever there happens to be any break or defect in such a chain, it can jeopardize the current owner’s title to the property.
These problems are nearly concealed in standard title searches but often become apparent when a drill-down—like a patent title search—is conducted.
Compared to standard title searches, which generally go back 40 to 60 years, a patent title search starts at the beginning: when the federal government first granted the land. This can go back to the 1800s in most of McIntosh County. This long-range view can find problems that more modern searches miss.
Patent title searches are especially good at showing gaps—periods when ownership cannot be exactly accounted for. Gaps in the chain can reflect lost deeds, unfiled transfers, or disputed claims, all of which can cause serious title issues later on.
Year after year, property descriptions can become flawed through outmoded surveying techniques or clerical mistakes. A patent title search can cross-check the original legal description with today’s records, thereby helping to identify differences in acreage, boundary lines, or parcel identifiers.
Occasionally, forgotten heirs, far-off kin, or original owners will reappear to assert an interest in a property. A patent title search can reveal such risks upfront, permitting time to clear out possible conflicts prior to a sale or refinancing.
If your goal is to sell, refinance, or insure a property, having a fully documented title history—including the original patent—strengthens your case. It reduces risk for lenders and buyers and can result in smoother, faster closings.
Here in McIntosh County, where many properties have been in families for generations, the chain of title often includes:
These situations give rise to chain-of-title issues, which are especially common. A standard title search will not account for handwritten deeds, unrecorded family transfers, or old claims—yet a patent title search digs deep enough to ensnare them.
Not all transactions require a patent search, but it is highly recommended in the following situations:
If you are uncertain whether a patent title search is the right fit for your property, our experts at Abstracts of McIntosh County, Inc. can help you determine the risk.
We’re proud to be the top choice for title abstract services in McIntosh County and possess a wealth of knowledge in thorough, precise patent title research. We conduct business directly with the county recorder’s office, Bureau of Land Management, and other record sources to investigate your property’s title from patent through to the present.
Whether you’re buying your forever home, selling family farmland, or just want to know your title is clean, we’re here to help.
Don’t let title issues derail your property transaction or threaten your ownership rights. A patent title search provides peace of mind, uncovering potential problems before they become legal or financial disasters.
Call Abstracts of McIntosh County, Inc. today to place an order for your patent title search or to speak with one of our experts. We can help you take control of your title history—right from the start.