Glossary · Land and title

Title insurance

Definition

Title insurance is insurance against loss from liens and encumbrances on property, defects in its title, and other matters affecting the title or the right to use and enjoy it. It is bought for a one-time premium, and a purchase can carry both an owner's policy and a lender's loan policy.

Updated September 14, 2026 · Sources · General information, not legal, tax or lending advice
The named insured

The buyer's name on one policy, the lender's on the other

On a financed purchase the same parcel can end up under two title policies, each with a different name at the top. One names the buyer. The other names the lender. They insure the same title and protect different people.

A buyer may purchase an owner’s title insurance policy and will be the named insured on that policy. The buyer’s lender will require a loan policy, and that lender will be the named insured on the loan policy.

State Corporation Commission, Bureau of Insurance, Virginia Title Insurance Guide

Two verbs in that passage carry the difference. The buyer may purchase an owner's policy; the lender will require a loan policy. A cash buyer has no lender and so no loan policy, and the owner's policy is still there to choose or pass up. Whether a land buyer in particular carries one is argued out in title insurance on land.

The statutory definition

Liens, defects, and the right to use and enjoy the ground

Virginia's insurance code defines the product before any policy describes it, and the definition is wider than liens alone.

means insurance against loss by reason of liens and encumbrances upon property, defects in the title to property, and other matters affecting the title to property or the right to the use and enjoyment of property

Va. Code 38.2-123, defining title insurance

The definition names three kinds of trouble: liens and encumbrances, defects in the title, and other matters affecting the title or the right to use and enjoy the property. Whether an interest someone else still holds in the land, a life estate for instance, is treated as a defect or listed as an exception on a particular policy is for the title insurer to say.

The definition sets the outer boundary of what title insurance is. What a particular policy covers is written in that policy, alongside its own exclusions and exceptions.

When it starts and what it costs

A single premium, and coverage dated from the recording

Title insurance is paid for once, as a single premium, and the SCC guide ties the start of coverage to the date the transfer is recorded in the local land records.

What the policy rests on

The land-records search beneath a policy

A title policy sits on top of a search of the land records, and the two do different jobs.

The title search has its own entry. The search finds what is on the record; the policy then insures against loss on its own terms, and whatever it lists as an exception stays outside it.

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Weighing an owner's title policy on a land purchase?

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Questions

Questions about this term

Does title insurance reach the right to use the land, or only who owns it?

Va. Code 38.2-123 defines title insurance broadly enough to reach both: insurance against loss from liens and encumbrances, defects in the title, and other matters affecting the title or the right to the use and enjoyment of property. That definition describes the kind of insurance, not a given policy. The State Corporation Commission's guide says a policy does not cover losses listed in its exclusions and exceptions, so what a particular policy covers is read in the policy itself.

Does Virginia law say whether the buyer or the seller pays for title insurance?

Not according to the State Corporation Commission's guide, which says local practice, not the law, determines who pays the premium. The same guide says title insurance companies establish their own rates and can negotiate them. For a figure on a particular purchase, the title insurer or the settlement agent handling the closing is the one to ask.

Sources

Where this page's facts come from

Every rule, office and figure above traces to one of these. Rules change; check the office before you act on one.