California is home to some of the most iconic landmarks in the world, from the towering redwoods of the north to the beaches of Malibu and the dramatic cliffs of Big Sur. It’s also the birthplace of the entertainment industry, the hub of Silicon Valley innovation, and the agricultural powerhouse of the Central Valley.
But beyond its breathtaking scenery and economic influence, California has its own set of unique real estate laws and practices that make title research especially critical.
Read on for everything you need to know about navigating California property title searches.
What are the search requirements in California?
In California, property title search requirements are designed to uncover any potential claims, liens, or issues that could impact ownership before a transaction is completed.
Unlike states with a set year range for searches, California title searches typically go back to a prior policy, back to the original federal patent, or follow a time frame dictated by local practices.
Here are some additional details that are helpful to know when conducting property title searches in California:
- State tax liens: 10 years
- Federal tax liens: 10 years and 30 days.
- Mechanics liens: Often filed by contractors or suppliers, mechanics liens have a 90-day enforceability period.
- UCC filings: Short for Uniform Commercial Code filing, these financing statements generally last for five years unless continued.
- Judgments: Judgments in favor of the United States are effective for 20 years. Meanwhile, all other judgement liens remain enforceable for up to 10 years and are renewable for an additional 10 years.
- Estate tax: Estate tax is enforceable for up to 10 years.
Unique Landscape of Real Estate in California
California’s property laws recognize several forms of ownership: Joint Tenancy with Right of Survivorship, Tenants in Common, and Community Property, among others.
Tenants in Common is the presumed default tenancy unless the deed specifically states otherwise, while Community Property is presumed when property is conveyed to spouses.
California also allows Community Property with Right of Survivorship, providing an automatic transfer of ownership upon a spouse’s death.
Additionally, Sole and Separate Property applies to assets acquired before marriage, and if property is acquired during marriage as Sole and Separate, the non-owning spouse must relinquish their interest through a deed.
Notably, California does not recognize Tenancy by the Entirety, making it essential to clearly identify ownership interests during any title examination.
California is a Race-Notice State, meaning that a buyer’s property rights are determined by who records the deed first, as long as they had no prior notice of any conflicting claims.
In such a system, the buyer who records their interest first, and without knowledge of earlier unrecorded claims, gains priority over others.
The Certainty of Marriage and Taxes
In California, real estate law recognizes Homestead rights and Community Property, but does not recognize Dower. Property taxes are assessed on a fiscal year basis, running from July 1st through June 30th. The first half of taxes is due on November 1st, and the second half is due on February 1st.
Importantly, a lien for unpaid property taxes attaches on January 1st preceding the fiscal year in which the taxes are levied and can remain in effect for up to 30 years unless properly cleared.
The More You Know, the Better It’ll Go
Working through the intricacies of California title searches doesn’t have to feel like navigating the twists and turns of Highway 1 without a map.
At Pippin Title, we simplify title searches of every size. Our platform blends advanced search technology with a reliable network of local experts to deliver fast, accurate, and commitment-ready reports. Every order is reviewed through a strict quality control process, so you can close with confidence, on schedule, and without the usual delays.
Plus, with your custom portal, you can track every order in real time and stay informed at every stage, from initial request to final report.
Ready to move forward with confidence in the Golden State? Contact us today.
Frequently Asked Questions
How do I do a property title search in California?
A property title search in California involves reviewing public records to confirm the legal ownership of a property and uncover any claims, liens, or restrictions that could affect the sale. While anyone can technically search county records manually, the process can be time-consuming and complex.
At Pippin Title, we make this process easy for you. Using advanced search technology and trusted local experts across California, we ensure your title reports are fast, accurate, and ready for commitment.
How far back does a title search go in California?
In California, a standard title search typically covers the chain of ownership back to a prior policy, back to the federal patent, or follows a term dictated by local practices. This ensures a comprehensive understanding of any potential issues that may affect the property’s title.
Pippin’s search process meets these standards, and thanks to our network of experienced local searchers and rigorous quality control, you can proceed with confidence knowing your reports are thorough and reliable.
Is an attorney required for a property title search in California?
No, California is not an attorney-opinion state. Title commitments and final title policies must be issued by a licensed title insurance agency and signed by a licensed title insurance agent, not an attorney.
At Pippin Title, we provide commitment-ready reports without the need for attorney involvement, ensuring compliance with California regulations while making the process smoother and more efficient.
What liens or claims should I check for on California property titles?
When conducting a title search in California, it’s crucial to check for:
- State and federal tax liens (enforceable up to 10 years)
- Mechanics liens (1-year enforceability)
- HOA liens (up to 10 years)
- Civil judgments (10 years)
- UCC filings (typically valid for 5 years unless continued)
- Unreleased mortgages or deeds of trust
Pippin’s searches are designed to catch these issues and more, giving you peace of mind knowing that any potential obstacles are identified before they can impact your deal.
What are common issues found during a California title search?
Some common issues we identify include:
- Unreleased prior mortgages
- Tax liens or unpaid HOA dues
- Judgments against current or previous owners
- Errors in legal descriptions
- Ambiguities in deed language (missing covenants or warranties)
At Pippin Title, our rigorous quality control process ensures these issues are flagged early, so you can resolve them before closing rather than after.
