An abstract of title—also known as a title examination, examination of title, title abstract, or title abstraction—is the legal history or chronology of a certain piece of real property. For example, an abstract of title includes a history of all the property’s owners, the period during which each owner held the title to the property, and all liens and encumbrances that affect title to the property.
An abstract of title is usually prepared for a mortgagee (bank or lender) or a purchaser of the property and is sometimes used to market the property to a potential buyer. An abstract of title is generally designed to identify and eliminate any clouds (claims) on the title. In contrast, a title report is merely used to facilitate the purchase of title insurance and is sometimes not as complete or reliable as an abstract of title.
In New York, an abstract of title is a comprehensive document that outlines the legal history of a piece of real estate. This includes a detailed account of past ownership, the duration of each ownership, and any liens or encumbrances that may affect the property's title. The purpose of an abstract of title is to provide a clear picture of the title's status and to identify any potential issues, known as 'clouds', that could affect the transfer of the title. It is typically prepared for entities with a vested interest in the property's title, such as a mortgagee (bank or lender) or a prospective buyer, and can be used to demonstrate the marketability of the property. In New York, the preparation of an abstract of title is often a prerequisite for real estate transactions to ensure that the title is free of any defects. This is distinct from a title report, which is generally used for obtaining title insurance and may not be as exhaustive as an abstract of title. Attorneys or title companies in New York often conduct title examinations and prepare abstracts of title as part of the real estate transaction process.