I'll tell you what title co reps have told me about the 40 and 60 year search rules: 40 for residential because 40 year mortgages were common not so long ago, and some of them are not yet due, or barred by statute. They were more common on farm land, but in a rural state like mine, that matters.

60 years on commercial to minimize the chance of missing an easement. Easements are a bigger concern on commercial property just because commercial usage can be so varied, and because of the need to tie in with existing easements, and because of the liability if factory A screws with an easement needed to run the business of factory B. Most of my commercial work for the past few years has required me to check the title to all the appurtenant easements, including lovely things like railroad spur tracks. 60 years for a starting point for a RR chain of title? More like 160. ;-)



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