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Section 5: Procuring Title Data

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General

Secure the service of an approved title company and furnish it with sufficient preliminary title data to determine the property descriptions of the parent tracts out of which parcels are to be procured. Furnish the names of the property owners as determined by field contacts. Also furnish the title company prints of the Department approved right of way map, property descriptions, and parcel plats to assist in determination of the requirements to obtain clear title. Parcel plats should show the location of fences and all improvements.

Transmit to the title company, in writing, information derived by field contacts with regard to parties in possession, adverse possessors, leasehold interests, tenants, results of survey, and any information not normally reflected in the public deed records. This assists the title company in locating title defects which the owner will be required to cure if they are not permitted as an exception in the title commitment and policy.

When efforts to obtain title insurance or efficient title insurance service are fruitless, TxDOT must adopt the Attorney's Certificate procedure discussed in Title Insurance: Title Reports and Policies, Escrow and Closing or obtain instructions from the ROW Program Office in Austin, as outlined in Title Requirements: General Title Requirements (for State and LPA).

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