What is an affidavit in the context of a title search?

An affidavit, in the context of a title search, is a sworn statement that provides critical information regarding the history of the title or any claims related to the property. These statements are typically made by someone with knowledge of the relevant facts, such as the property owner or a witness, and they serve as a legal assurance that the information represented is truthful to the best of that person's knowledge.

This is particularly important in real estate transactions since title insurance relies heavily on the accuracy of disclosures about the property's title history, including any liens, easements, or encumbrances that might affect ownership. The affidavit helps identify potential issues that could affect the buyer's rights or the transfer of ownership, ensuring all parties are fully informed before proceeding with a property transaction.

By providing this sworn evidence, an affidavit can prevent future disputes and facilitate a clear understanding of the property's legal status, supporting the due diligence undertaken during the title search process.