Real estate title glossary
What is title defect?
Definition
A title defect is anything in or outside the record that limits the owner's rights or makes title doubtful, such as an unreleased lien, a forged deed or a missing heir.
Defects range from paperwork errors cured by a corrective document to adverse claims that need a quiet title action.
How it shows up in a title search
A title search finds the recorded ones; unrecorded defects, such as forgery that looks regular, are what title insurance is for.
Guides that go deeper
- Cloud on Title: Meaning, Examples and How to Clear OneWhat a cloud on title means in real estate, common examples a title search finds, and how each is cleared: release, corrective deed, lapse or quiet title.
- Quiet Title Action: What It Is, When It Is Used and How It WorksA quiet title action is a lawsuit that settles who owns land. When it is used (clouds, adverse claims, lost heirs), the steps, and what Florida and Arizona law say.
- What an Automated Title Search MissesAutomation reads the recorded index fast and consistently. It cannot see unrecorded interests, offline records, or resolve name ambiguity.
Related terms
AcknowledgmentMarketable titleRecordingTax deedBoundary surveyGap periodPower of attorney (real estate)Corrective deedAll terms
Source: Legal Information Institute, Wex: title. Plain-English summary of general US usage; state law varies, and this is not legal advice.