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Property Law (Title Assurance thru Eminent Domain)

Property Outline

  1. Title Assurance- developed to assure purchasers of land they have good title. Where common law could be confusing and cause problems with granting land.  Sometimes the records are not perfect, so title insurance is sold to guarantee title. Insurance companies maintain their own records systems
  2.     The Recording System-the purposes they serve
    1. It establishes a system of public recordation of land titles-So people may access them like if there were a loan due
    2. The recording system preserves in a secure place important documents that, in private hands, may be easily lost or misplaced
  3. Any deed, mortgage, lease, option, or other instrument affecting title to land may be recorded
    1. Recording acts have the function of protecting purchasers for value and lien creditors against prior unrecorded interests.
  4. At common law priority of title was determined by priority in time of conveyance.
  5. So purchasers will want to check to see if there are other interests in the land
    1. The Indexes
      1. Tract Indexes
        1. Property is listed by the tract number, to find the information that you need
        2. All documents are indexed for that tract.
        3. These are mainly used by private abstract companies or title insurance companies
      2. Grantee
        1. Listed alphabetically by the grantee’s name
        2. Who purchased the property from who
        3. Finding the person you are buying from, then working back to see who they purchased it from, and so forth till the root of title is found
      3. Grantor
        1. Works in reverse from Grantee index, but after finding the root of title you search to the current owner
        2. Done to show easements, mortgages, leases; Generally shows encumbrances
      4. Root of title
        1. When the government granted the title
      5. Notes and Problems
        1. Checking the brief legal description for multiple names
        2. Similar names should also be looked at
        3. So should names that are phonetic search may be required
      6. Types of Recording Acts
        1. These are by statute
        2. Race
          1. Two persons holding claims to real property
          2. The first person to properly record will prevails.
          3. Thus protects a subsequent purchaser
          4. Even if there is notice of a prior conveyance, if the subsequent purchaser records first they will prevail

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