Quick Answer
A broken chain of title means the public record does not clearly show an unbroken sequence of ownership transfers. The missing link may need to be reconstructed, corrected, or established through appropriate legal documentation before the title can be insured.
When a title examiner traces the ownership history of a property, they look for a clean, unbroken sequence showing exactly how ownership passed from one owner to the next. When that sequence has a gap or missing link, the chain of title is broken.
Example
A property was owned by Alice from 1990 to 2005. The next recorded document is a deed from Bob to Charlie in 2010. There is no recorded deed showing how Bob acquired ownership from Alice. The chain is broken between Alice and Bob. The title examiner must determine whether Bob received valid title and whether that can be proven through documents outside the recorded chain.
Common Causes of a Broken Chain
- Unrecorded deed: A transfer happened but the deed was never recorded. Learn what happens when a deed was never recorded.
- Missing probate: An owner died and the property was not properly transferred through probate.
- Defective deed: A deed was recorded but had a defect that made it legally ineffective.
- Incorrect name: The grantor or grantee name on a deed does not match the person's legal name. Learn how to fix name issues on deeds.
- Trust issues: Property was transferred to or from a trust without proper documentation.
- Forgery: A deed in the chain may be forged.
- Missing heir: An heir was not included in a transfer.
- Recording error: A document was recorded in the wrong county or with indexing errors.
Learn the difference between a gap and a broken chain of title.
How Is a Broken Chain Fixed?
The curative approach depends on what caused the break. Possible solutions include:
- Locating and recording the unrecorded deed
- Filing probate documents for a deceased owner
- Obtaining corrective deeds from the parties involved
- Pursuing a quiet title action if voluntary cure is not possible
- Providing affidavits of facts from people with personal knowledge of the transfer
FAQs
Does a broken chain mean the property cannot be sold?
Not necessarily. Many broken chains can be repaired through appropriate curative documents. The ease of repair depends on what caused the break and whether the necessary parties can be located and are willing to participate.
Who is responsible for fixing a broken chain of title?
The seller typically bears the responsibility for clearing title, but the specific allocation depends on the purchase contract and applicable state law.