Page 10 - Title Insurance Explained With Closing Tips For Buyers and Sellers

09

PUBLIC RECORDS

Public records provide constructive notice to everyone as
to the rights and interests of parties in a particular piece of
property.

In the United States, we maintain a public records system
that varies from state to state. This system is controlled by
“recording statutes.” Simply, this means that in each county
or local jurisdiction, there is a public office where people may
have their deeds, or other written instruments relating to title,
recorded in permanent record books. The public records
provide constructive notice to everyone as to the rights and
interests of parties in a particular piece of property.

There may be other rights and interests that are not disclosed
by the public records (e.g., unrecorded marriages, unknown
heirs, forgery, etc.).
The public recording offices and their records constitute the
most important source of information about title to real estate.
The offices in which these public records are maintained have
different names in different states. In fact, usually there are
several different offices in each county. One office may be for
the recording of deeds, mortgages and documents pertaining
exclusively to land. Other offices in the same counties may
contain the records of other matters affecting the title to the
land, such as records relating to taxes against the properties
or, in some instances, recorded surveys.

In a very limited number of states, the Registered Land This title, however, is not guaranteed by the state. The Torrens
System (also known as a “Torrens System”) is used. Under System has been abandoned by most states, primarily because
this system, a court proceeding has been brought naming the associated court proceedings complicated title transfer and
parties who have an adverse interest in the property. If delayed real estate sale proceedings, and caused extra and
everything in the proceeding is completed and handled unnecessary expenses.
properly, the plaintiff is said to have a good title as of that date.