What Makes A Title Marketable?
09/09/2026 09:55 AM
Mark Goodman
If you’re buying or selling commercial property, one of the best things to learn is that the property has a marketable title. A marketable title is a title that is free from some of the most common issues that complicate a real estate transaction. But what exactly makes a title marketable? We explore the basics of a marketable title in today’s blog.
A marketable title is the standard expectation in the world of commercial real estate, but that doesn’t mean that every property being sold has a marketable title. Sellers would be wise to ensure their title is marketable to facilitate a smooth and timely sale, but buyers need to do their due diligence to ensure there are no potential issues that could become their problem once they’ve closed on the property.
So what makes a title marketable? At the most basic level, a title is generally considered marketable if:
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It is free from reasonable doubt as to who owns the property (no breaks in the chain of ownership or disputes over who is the rightful owner).
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It is free from material liens (unpaid mortgage, tax, mechanic’s liens, etc.).
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It is free from encumbrances (zoning restrictions, nonconforming land use, shared access, etc).
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The property matches the legal description (no boundary disputes or encroachments).
Now, it’s important to note that a marketable title does not guarantee that the title is free from any and all issues that could cause problems for a new owner after closing. Essentially, a marketable title removes reasonable doubt from the equation, but you’ll still want to bring a title services team aboard to dig into the property and ensure no issues were overlooked.
If you’re in the market for a new commercial property, let the team at Commercial Partners ensure any prospective property has a title that is free from title concerns. For more information on how we can help with this process, or for assistance with a different aspect of commercial property acquisition, connect with the team at Commercial Partners today at (612) 337-2470.