What Does a Preliminary Title Report Tell Me About Vacant Land?

You're buying five acres in the California High Desert.

You've walked the property.

You've checked the road.

You've looked at the zoning.

Then escrow sends you something called a preliminary title report.

It's several pages long, filled with legal descriptions, exceptions, document numbers and terminology that doesn't exactly qualify as recreational reading.

It's tempting to glance at the owner's name and move on.

Don't.

When you're buying vacant land, the preliminary title report can contain information that deserves your attention.

It may identify recorded easements, liens, restrictions and other matters affecting the property—things you might never discover simply by standing on the dirt.

But there's another important point:

A preliminary title report doesn't tell you everything you need to know about vacant land.

Understanding both sides of that equation can make you a much better land buyer.

What Is a Preliminary Title Report?

A preliminary title report—often simply called a prelim—is issued by a title company before a title insurance policy is issued.

It generally identifies the ownership interest the title company expects to insure, describes the property and lists exceptions or matters that won't be covered by the proposed title insurance policy unless addressed.

In plain English:

It helps show what's in the public record affecting title to the property and what the title company is—and isn't—preparing to insure.

It isn't the final title insurance policy.

And it isn't a guarantee that the property is suitable for whatever you intend to do with it.

For vacant-land buyers, however, it's an important part of due diligence.

Does the Preliminary Title Report Tell Me Who Owns the Land?

The report should identify the person or entity currently holding the interest in the property that is expected to be insured.

That's obviously important.

If you're purchasing property from John Smith, you want the title information to support John Smith's ability to convey the property.

But ownership can sometimes be more complicated than one person's name.

Property might be held by:

• An individual
• A married couple
• Multiple owners
• A trust
• An estate
• A corporation
• An LLC
• Another legal entity

The ownership information can affect what documents and signatures are needed to complete the sale.

Will the Prelim Include the Legal Description?

Typically, yes.

The legal description identifies the land being insured.

That's different from the street address.

In fact, vacant desert land may not have a conventional street address at all.

You'll often work with an Assessor's Parcel Number, maps and a legal description instead.

This is one reason vacant-land transactions can feel different from buying a house at:

123 Normal Suburban Street.

Your five acres somewhere off an unnamed dirt road may require a little more investigation. 

Is the APN the Same as the Legal Description?

No.

The Assessor's Parcel Number—or APN—is extremely useful for identifying property for assessment and research purposes.

But it isn't the same thing as the property's legal description.

The legal description is the description used in documents conveying or affecting title.

This distinction matters with vacant land because buyers sometimes become overly dependent on the APN or the outline they see on an online map.

Those are useful tools.

But when you're buying real property, the actual legal description matters.

What Are "Exceptions" on a Preliminary Title Report?

This is the section that deserves attention.

A preliminary title report generally identifies exceptions—matters the title company isn't agreeing to insure against under the proposed policy.

Some exceptions are standard.

Others are specific to the property.

Depending on the parcel, you might see references to things such as:

• Easements
• Deeds of trust
• Liens
• Taxes or assessments
• Covenants, conditions and restrictions
• Recorded agreements
• Mineral rights
• Water-related rights or reservations
• Road rights
• Utility rights
• Other recorded matters

Don't automatically panic because the exceptions section is long.

But don't automatically ignore it either.

Find out what actually affects the property you're buying.

Will the Title Report Show Easements?

Recorded easements affecting the property may be referenced in the preliminary title report.

For a vacant-land buyer, these can be extremely important.

An easement might give:

• You access across neighboring land
• A neighbor access across your land
• A utility company rights across the property
• Rights involving roads, drainage, pipelines or other uses

The prelim may provide a recording number or other reference to the document creating the easement.

If the easement matters to your intended use, don't stop with the one-line reference.

Ask for the underlying recorded document.

That's where you may find the actual terms.

Will It Tell Me Whether I Have Legal Access?

It can provide important evidence about recorded access rights, but don't reduce your entire access investigation to one line on the prelim.

If a recorded easement provides access to your parcel, the title report may reference it.

That's valuable.

But you still need to understand:

• Where the easement is located
• Which parcels it crosses
• Whether it reaches a public road
• What rights it actually provides
• Whether the physical road follows the easement
• Whether the route is usable for your intended purpose

Remember:

Legal access and physical access are different questions.

A title document may help answer the first.

It doesn't tell you whether your Honda is about to disappear axle-deep into desert sand. 

Will the Prelim Tell Me If My Neighbor Has the Right to Cross My Property?

If there is a recorded easement benefiting neighboring property and burdening the parcel you're buying, it may appear as an exception or recorded matter in the title report.

That's something you'll want to understand.

You may look at five acres and imagine total privacy.

But a recorded road easement along one side might provide access to several parcels behind yours.

That doesn't necessarily make the property undesirable.

It simply changes what you're buying.

The best time to discover that is before closing, not when your future neighbor drives through your new gate.

Does the Preliminary Title Report Show Liens?

Recorded liens and other monetary matters affecting title may appear in the report.

These can include items associated with the seller or the property that may need to be addressed as part of the transaction.

The title and escrow companies commonly work through those issues as part of preparing for closing.

As a buyer, you don't necessarily need to become an expert in every lien appearing on the report.

But if something concerns you, ask.

That's much better than assuming every line is meaningless title-company language.

Will It Show Property Taxes?

The report may contain information concerning property taxes and assessments affecting the parcel.

Vacant-land buyers should also independently understand the ongoing tax obligations associated with the property.

The purchase price may be low, but owning land still comes with carrying costs.

Depending on the parcel, there may also be special assessments or other charges worth investigating.

Will It Show CC&Rs or Restrictions?

Recorded covenants, conditions and restrictions—or other recorded restrictions affecting the property—may be referenced in the preliminary title report.

People often associate CC&Rs with suburban homeowners associations.

But recorded restrictions can affect vacant land too.

If a document imposes restrictions on the property, obtain it and find out what it actually says.

Don't assume:

"It's five acres in the desert. Nobody can tell me what to do."

We've already established that five acres does not mean anything goes. 

What About Mineral Rights?

This is another item that can appear in title records.

Sometimes ownership of minerals or other subsurface rights may have been reserved or transferred separately from ownership of the surface land.

Whether that matters to your intended purchase depends on the property and circumstances.

The important point is that owning the surface of a parcel doesn't always mean every possible property right has remained together throughout its history.

If you see a reservation or exception you don't understand, ask the title company and obtain the referenced document.

If the legal implications matter to your purchase, consult an attorney.

What About Water Rights?

This is where buyers need to be careful about assuming too much from a title report.

Recorded documents may reference water rights, easements or agreements.

But the preliminary title report isn't a complete investigation into whether you can obtain water for your future house.

It won't necessarily answer:

• Is public water available?
• Can I obtain a meter?
• What will the meter cost?
• Is there an existing well?
• Can I drill a well?
• How deep might the well need to be?
• What is the water quality?
• Will my proposed water system be approved?

Those are separate due-diligence questions.

A clean title report doesn't make water magically appear.

Will a Preliminary Title Report Tell Me Whether the Land Is Buildable?

No.

This may be the most important thing on this entire page.

A preliminary title report is not a buildability report.

The title company isn't telling you:

"Yes, go ahead and build your three-bedroom desert dream house right here."

Buildability can involve completely different issues, including:

• Zoning
• Setbacks
• Legal parcel status
• Access
• Water
• Septic feasibility
• Flood hazards
• Drainage
• Topography
• Protected plants
• Fire requirements
• Building codes
• Other land-use regulations

Title is one part of vacant-land due diligence.

It isn't the whole investigation.

Will the Prelim Tell Me the Zoning?

Don't rely on the preliminary title report as your zoning research.

Zoning should be verified with the applicable planning authority.

For unincorporated areas such as much of Joshua Tree and surrounding communities, that generally means San Bernardino County.

Yucca Valley has its own jurisdiction.

Property inside the incorporated City of Twentynine Palms falls under City regulations.

A title report and a zoning map answer different questions.

You need both when zoning matters to your intended use.

Will It Tell Me Where the Property Lines Are?

No—not in the way many buyers hope.

The title report contains a legal description of the insured property, but that doesn't mean someone has physically located and marked the corners for you.

The title company isn't walking five acres with stakes and spray paint.

If you need to know exactly where the property boundaries are located on the ground, you may need a licensed land surveyor.

Don't assume:

• A fence is the boundary
• A dirt road is the boundary
• Utility poles mark the boundary
• Tire tracks follow the boundary
• An online parcel overlay is survey-grade

They may be useful clues.

They aren't substitutes for a survey when precision matters.

Will the Title Report Tell Me Exactly Where an Easement Is?

The prelim may identify the recorded document creating an easement.

The document itself may contain a legal description or map showing its location.

But if the exact physical location matters—for example, because you're deciding where to build a house or install a fence—you may need a surveyor to locate it on the ground.

There's a big difference between:

"A 30-foot easement exists."

and

"I know exactly where those 30 feet are."

Will It Tell Me Whether the Dirt Road Is Maintained?

No.

The prelim may identify recorded road easements or maintenance agreements if applicable.

But it isn't a road-condition report.

It doesn't tell you:

• When the road was last graded
• How deep the sand gets
• Whether rain creates washouts
• Whether your sedan can make it
• Whether neighbors maintain it
• Whether you'll need four-wheel drive

That's physical due diligence.

And in the High Desert, physical access deserves just as much attention as paperwork.

Will It Tell Me Whether There Is Power?

No.

A utility easement appearing in title records doesn't necessarily mean electrical service is available to your parcel.

Likewise, a visible power pole doesn't tell you what it will cost to connect.

Utility availability and connection costs should be independently verified with the appropriate provider.

"Utility easement" and "utilities available" aren't interchangeable phrases.

Will It Tell Me Whether I Can Put an RV on the Property?

No.

The preliminary title report isn't your land-use permission slip.

Whether you can store an RV, camp, keep animals, operate a business, build a tiny home or establish an off-grid residence depends on zoning and other applicable regulations.

There could also be recorded private restrictions affecting certain uses, which is another reason the title report matters.

But a lack of private restrictions doesn't automatically mean the government allows the use.

There are two separate questions:

Do recorded private restrictions affect my plan?

and

Do zoning and land-use regulations allow my plan?

You may need answers to both.

What Should I Do When I Receive the Preliminary Title Report?

First:

Actually open it.

Then look at the basics.

Does the property information appear consistent with what you're purchasing?

Who holds title?

What legal description is shown?

What exceptions are listed?

Are easements referenced?

Are there restrictions or recorded agreements?

Does anything appear unusual or inconsistent with what you thought you were buying?

If a recorded document affects something important to your plans, request a copy and review it.

Don't feel like you're supposed to understand every legal phrase yourself.

Ask questions.

Who Can Explain a Preliminary Title Report to Me?

Your title officer can help explain title-related items and provide copies of referenced recorded documents.

Your real estate agent can help identify matters that may deserve additional investigation.

A licensed surveyor can help when the physical location of boundaries or easements needs to be established.

And if you need legal interpretation of an easement, restriction, ownership issue or other recorded document, that's when a qualified real estate attorney may be appropriate.

Different professionals answer different questions.

Part of good vacant-land due diligence is knowing who should answer what.

What Should Concern Me on a Vacant-Land Title Report?

I wouldn't approach the report looking for scary words.

I'd approach it looking for anything that could affect what you intend to do with the property.

If you're building, easement locations may matter.

If you want privacy, neighboring access rights may matter.

If the property is landlocked, access rights matter enormously.

If you want to fence the entire parcel, road and utility easements may matter.

If you're buying land because you believe there are no restrictions, recorded covenants may matter.

The same title item can be insignificant to one buyer and extremely important to another.

That's why intended use keeps coming back into the conversation.

Can a Preliminary Title Report Change?

Yes.

Remember the word preliminary.

The report reflects the title company's proposed coverage based on its title search at that point in the transaction.

Additional matters can arise, requirements can be satisfied and the final title policy may differ from the initial preliminary report.

That's another reason not to treat the prelim as the final title insurance policy.

What Is Title Insurance?

Title insurance is different from most insurance people are familiar with.

Homeowners insurance generally protects against certain future events.

Title insurance generally protects against covered title problems arising from past events, subject to the terms, conditions and exceptions of the policy.

In a real estate purchase, an owner's title insurance policy can protect the buyer's ownership interest against certain covered title defects.

Exactly what is covered depends on the policy.

That's why the preliminary report matters: it helps show what the title company is proposing to insure and what will be excluded or excepted.

Is Title Insurance Important With Vacant Land?

I certainly wouldn't assume inexpensive land means title doesn't matter.

Imagine purchasing a $15,000 parcel and later discovering a serious problem involving ownership or access.

The fact that you didn't pay $800,000 for the property doesn't make the problem enjoyable.

Vacant land can have complicated histories.

Some desert parcels have changed hands many times over decades.

Some were created through old subdivisions.

Some involve easements serving multiple properties.

Some have no conventional street address.

Cheap land is still real estate.

Treat the paperwork accordingly.

Don't Confuse Clear Title With Good Land

This is the big takeaway.

A preliminary title report can help you understand important recorded matters affecting the property.

But even a parcel with straightforward title can still have:

• Terrible physical access
• No practical water source
• Expensive power
• Septic challenges
• Flood issues
• Difficult terrain
• Building limitations
• Zoning that doesn't work for your plans

Likewise, seeing easements on a title report doesn't automatically make the property bad.

An access easement may be exactly what makes a remote parcel usable.

Title tells you part of the story.

Your job during due diligence is to understand the rest.

Looking for Vacant Land in the California High Desert?

I specialize in land and real estate throughout Joshua Tree, Yucca Valley, Twentynine Palms and the surrounding Morongo Basin.

When you're buying vacant land, I want you to look beyond the view and the price per acre.

Access matters.

Water matters.

Zoning matters.

Title matters.

And most importantly, what you want to do with the property matters.

If you're looking for your own piece of the High Desert, tell me what you're hoping to accomplish with it.

Then we can start asking the right questions before you buy.

Because the best time to discover something important about vacant land is before it becomes your vacant land.

Dawn Anderson is a California real estate broker serving buyers and sellers in the High Desert. This information is provided for general educational purposes and is not legal, planning, zoning, surveying, engineering, environmental, water, wastewater, utility, investment or permitting advice. San Bernardino County zoning and development standards can change, and map suffixes, overlays, community plans, environmental regulations and parcel-specific conditions may modify general standards. Buyers should independently verify the complete zoning designation, permitted uses and proposed project with San Bernardino County and appropriately qualified professionals before purchasing or developing property.