It’s only natural (and smart) to want to know the property history of the home you want to buy. But when it comes to property history public records, some things are public knowledge while other things are strictly private. Which is which?
We created this page to answer just that question. That way, you’ll know what’s within bounds for a search vs what is private.
There’s nothing to prevent you from asking private questions, of course, and sometimes these can be important. Once you are done with this article, you’ll know which questions can be answered with a property history public records search, vs which questions need to be a little more discreet.
Why We Need Public Property Records in the First Place
The U.S.. is founded on the concept of individual liberty. Mostly this includes privacy for the individual. This same concept fuels transparency for our government, and makes nearly all government records public property.
But there is also a place where government and private life meet. This is where a little bit of privacy may be given up for the good of the population. And as long as it’s kept within reason, that’s actually a good thing.
This is especially true when it comes to land ownership. Without public records of who owns what land, a lot of people could getting ripped off by getting a different amount of property than they think. Plus, people will know that they are getting full ownership (instead of buying in, or finding out that ht property has been sold to 3 other people in the past year, who also think they own it!).
These records also communicate to potential buyers, any restrictions that might be on the land, and other important information the buyer would need to know. Â Without these public records, the courts would be tied up with real estate and other property cases, and land would likely not be as valuable as it is today. (Okay, so that last part sounds like it would be beneficial…but trust us when we say the tradeoff wouldn’t be worth it!).
So we all trade off a little privacy for the ability to have honest transactions, and to be certain about our transactions.
However, there are certain things that won’t be covered by public records, and that your real estate agent cannot legally share with you. Will cover those as well.
If It Can Be Taxed, There’s a Public Record of It
Taxes provide a simple line of logic that can be followed from taxable item (in this case, property) to public record.
As you already know, taxes are high priority for government at every level, from local to federal to state. And in order to properly levy taxes on property (say that three times fast!), the government of course needs records of said property.
Since our government is “by the people, for the people,” that means that all government records are open to the public. The exceptions here are some records that deal with national security, and records that have specifically been petitioned to be sealed (original birth certificates of adoptees and some criminal records are the most common).
Where does the home you want to buy fit in to all of this? Since property taxes are levied by local authorities, the first place to look for property records is usually your county tax assessor’s office. While you might not find extensive records here, you will usually be able to find the deed to the house or a legal description of the property. (A legal description defines the exact measurements of a given piece of property).
In short: Your county government keeps records in order to levy property taxes. Since these records are kept by the government, they are by definition open to the public!
Many of these records are available from the comfort of your nearest computer. Some counties keep online records, while others do not. The best way to know is to call your county tax assessor and simply ask. If for some reason you can’t
How to Find Survey Records of the Property You’re Looking At
Most counties have a surveyor’s office, or Office of the Surveyor. This is another good place to find the legal description of a property. If your county tax assessor’s office can’t provide you with the deed or legal description of a property, the Surveyor’s or Development office may be able to. If not, you should be able to check with the title company that handled the last sale of the home (your agent can put you in touch, or potentially contact the title company for you).
Public Financial Records You Need to Know
No one wants to be nosey and dive into the financial history of a homeowner (at least, most of us don’t!). But when it comes to buying a home, it’s actually very important for you to know a few things about the owner’s finances.
The biggest thing you’ll want to know is if they have a lien on the home they’re trying to sell. A lien is placed on a hone when the owner owes money to a creditor, a lender, the IRS or other tax authority, or even a contractor who worked on the house.
If there is a lien on a title, you can often find it through your local tax office. Another important place to look is with the title company involved in the home’s last closing.
If there is a lien against the property, your lending institution isn’t likely to make a home loan until the lien has been taken care of. We’ve written about that elsewhere on this site. The most important thing for you to know is that the lien needs to be cleared–preferably by the seller, instead of the buyer!
One of the biggest dangers in buying a home on your own is that you might acquire someone else’s debt (in the form of a lien). Fortunately, a real estate agent will often take on this due diligence for you, and keep you from stepping into a trap.
What is Not Public Record–And What Your Real Estate Agent Can’t Ethically (or Legally) Tell You
There are a few things that you’re not likely to find in any public records. Likewise, your real estate agent can’t legally or ethically tell you these things. These things include:
- The race, ethnicity, or nationality of the current or former residents
- Disability status of residents
- Religion or religious preference
- Sex or sexual orientation
- Family status
- National origin or languages spoken
- Criminal history or drug use (One exception is that, in certain states, the seller is required to inform potential buyers if the house was used in drug production.)
- Any other private information not explicitly available by public record
You may get some idea of the neighborhood when the listing includes terms like “family friendly,” “walking distance to school/shopping/other amenities,” and similar terms. But more private information simply isn’t available to the public.
When it comes to buying a home, all the essential information is available in property history public records. And while it’s understandable that many homebuyers want to know more about the house and the family who inhabits it, it simply isn’t necessary in buying a home. Contact a local real estate agent if you’d like to know more.
2 Point Highlight
Since our government is “by the people, for the people,” that means that all government records are open to the public.
It is easy to find most public records about a home, including the deed, title, and legal description or land survey of a property.
