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The Role of a Real Estate Attorney in a Title Examination in Charleston, SC

Whether it is a home in Mount Pleasant, a condo downtown, or land on Johns Island, you are likely focused on inspections, financing, and your closing date.

But before you sign the final documents, there is something critical happening behind the scenes: the title examination.

In South Carolina, that process is handled by an attorney. At Buxton & Collie, LLC, we guide clients across Charleston, Daniel Island, West Ashley, and the greater Lowcountry through this step every day. Our job is to ensure you know exactly what you are buying and that the title is legally sound before you close.

What Is a Title Examination in SC?

In simple terms, a title examination is a legal review of a property’s history.

We examine public records in the county where the property is located. That includes reviewing prior deeds, mortgages, court filings, tax records, and other recorded documents tied to the property. We are looking to confirm:

• Who legally owns the property
• Whether the seller has the authority to transfer it
• Whether there are liens, judgments, or unpaid taxes
• Whether easements or restrictions affect the property

It is not unusual for a property to have a complicated history. That does not mean there is a problem. It just means the details matter.

Why the Attorney’s Role Matters in South Carolina

South Carolina is an attorney-closing state. That means your closing is not just paperwork handled by a title company, it is a legal transaction overseen by a licensed attorney.

That matters.

A title examination is not simply checking boxes. It requires legal judgment. For example:

• If you are buying a historic home south of Broad in Charleston, there may be recorded restrictions that affect renovations.
• If you are purchasing in an HOA community in Mount Pleasant or Daniel Island, recorded covenants may limit certain uses of the property.
• If you are buying acreage on Wadmalaw Island or Johns Island, access easements or utility rights may affect how the land can be developed.
• If you are investing in rental property in North Charleston, there may be prior liens that need to be cleared before closing.

These are not unusual issues. They are common in real estate. The key is identifying them early and explaining what they mean for you.

What Does the Process Actually Look Like?

Behind the scenes, we:

• Review the full chain of title
• Identify any outstanding mortgages, liens, or judgments
• Confirm tax status
• Review recorded easements and restrictions
• Coordinate with lenders and title insurance underwriters

If something needs to be resolved, we address it as soon as possible.

• Maybe a prior mortgage was paid off years ago but never formally released.
• Maybe an old judgment shows up that needs clarification.
• Maybe a boundary issue needs further review.

Most issues are fixable. The goal is to clear them up before you sign.

Real Estate Guidance Across the Lowcountry

From our office in Mt. Pleasant, Buxton & Collie works with clients throughout Charleston County and surrounding communities. We understand the local market, the way transactions are structured here, and the kinds of title issues that tend to arise in coastal South Carolina.

Real estate is one of the most significant investments many people make, so it is vital to protect your purchase.

Let’s Talk About Your Closing. Contact Our Real Estate Legal Team Today.

If you are buying or selling property in Charleston, Mount Pleasant, North Charleston, James Island, West Ashley, or nearby communities, we are here to help you approach closing with clarity.

If you have questions about the title process or your upcoming transaction, reach out to Buxton & Collie, LLC. We are happy to talk through the details and make sure you know exactly what to expect before you sign.

Author: Brian Collie