General reference only. Not legal advice. Talk to a licensed attorney in your state about your situation. Details

← Glossary
Definition

Title commitment

The insurer's written promise to issue a title policy, subject to listed conditions.

A commitment describes the parcel, names the insured, states the policy amount, and sets out requirements and exceptions. It is issued before closing so problems can be resolved while there is still leverage.

It is not a survey and does not show where anything is on the ground. It only recites what the records say.

Why it matters when you buy

It is the single best document for finding easement problems before you are contractually committed.

How it reads in a real document

“Commitment for Title Insurance: Schedule A — proposed insured, policy amount, legal description; Schedule B-I — requirements; Schedule B-II — exceptions.”

Schedule A tells you what is being insured and for how much. B-I is the to-do list before closing. B-II is the list of what the policy will never cover — which is where the easements live.

The mistake people make

Waiting until the closing table. The commitment is issued precisely so problems can be raised while you still have the leverage to walk or renegotiate.

What to do next

  1. Read the legal description against the address and the plat to confirm it is the right parcel.
  2. Satisfy or waive each B-I requirement knowingly, not by default.
  3. Compare B-II against your intended use and object in writing before the deadline.

What it does to value

The commitment is the cheapest due diligence document you will receive and the one most often skimmed. Everything that will constrain construction, subdivision or resale is either in it or reachable from it, so the value it protects is the entire purchase price.

What is not true

It is not true that a title commitment is a policy. It is an offer to insure on stated conditions, and those conditions can change before closing.

Questions people ask

How long is a commitment good for?

Typically a set number of days -- commonly around six months, but it varies by company and state -- and it is updated before closing. Matters recorded between the effective date and closing can be added, which is why a last-minute update is standard practice.

Who reads it if I do not?

The lender's counsel reads it for the lender's benefit, not yours. Their concern is that the mortgage sits in first position; an easement that ruins your building plan does not threaten that, so it will not be flagged for you.

What is the single most useful thing to do with it?

Request every document referenced in Schedule B-II, then hand the whole package to your surveyor so the exceptions get plotted on the ground. That combination answers nearly every easement question people ask after closing.

Related terms

Where this comes up

Homeowner questions where “title commitment” decides the answer:

Time limits differ by state - see the prescriptive easement period where your property is.

Wondering what an encumbrance like this is worth? Estimate the effect on property value.

General educational reference only. Prescription periods and their exceptions change, and several states set the period by case law rather than by statute. Read the linked official code and consult a licensed attorney in that state before relying on any of it.

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