This is an extract of our Land Titles And Records document, which we sell as part of our Long Merril & Smith Property Outline collection written by the top tier of University Of Virginia School Of Law students.
The following is a more accessble plain text extract of the PDF sample above, taken from our Long Merril & Smith Property Outline. Due to the challenges of extracting text from PDFs, it will have odd formatting:
Land Titles and Records Proving Ownership and Land Recording Systems Title Records: By investigating the state of title through title records, a potential purchaser can gain assurance at reasonable cost that he or she is acquiring what the seller claims to have for transfer. This promotes transferability?
Recording/Registration law induces the independent publicity of contracts, which makes them verifiable, as a prerequisite for them to attain in rem effects-that is, to convey property rights and not mere contract rights. If they keep their claims private, right holders lose or might RISK losing in rem effects A gives to B, then A later transfers to C. C gets nothing, has a claim against A, but A has probably either fled the jurisdiction or is judgment proof (action would be for fraud)
Difference between registration and recordation: registration resolves potential disputes about title ex ante, at the time of the transfer; recordation leaves disputes about title to be resolved ex post, once they arise?US has a registration system for cars, but NOT for Real Estate (recordation) Registration confers in rem, in that the certificate of title is binding on third parties as well as on the parties of the transfer Recordation by itself has no binding effect on third parties, it does no more than make available for public use inspection copies of in personam transactions (contracts, deeds, liens, etc.)
Recording Acts Nearly all localities in the US use recordation: it generates, as a matter of law, constructive notice to all subsequent purchasers in the chain of title
?? ? ?Thus, recording acts create a powerful incentive for purchasers to file their deeds (and mortagees their mortgages, etc), in order to block possible good faith purchaser claims by subsequent transferees (by giving them notice) o Recording acts DO NOT require anything to be recorded, they just create incentives to record There is usually a Recorder's Office in every county in a state. They do little if any screening of the documents submitted for recordation. PERFORMING A TITLE SEARCH?
Every recording office has a Grantee and a Grantor index Performing a title search involves tracing the series of transactions from one's would be transferor back to a "root of title" and then tracing forward
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