Recording is the act of putting a real estate document into the official records at the
The recording process entails:
Why Record Real Estate Documents?
The purpose of recording a document is to provide a traceable chain of title to the property. (Chain of title is evidence that a piece of property has validly passed down through the years from one owner to the next). Thus, recording property interest in the public records effectually gives notice of ownership to the general public.
In fact, recording helps to resolve disputes between multiple claimants (persons with competing claims to the property). For example:
How Is Priority Determined?
Most states have developed Recording Acts (statutes of each state which establish the keeping of official records by
In states that have not enacted a recording statute, states follow the common law that says "first in time is first in right" so that priority is given to the one who is first in line, regardless if it was recorded or not.
Do I Need to Consult a Real Estate Lawyer?
Since the Recording Acts are difficult to understand and the laws of each state differ when it comes to real estate, it may be wise to consult with an experienced real estate lawyer in your area when purchasing an interest in real property. Your lawyer can advise you of the laws in your state, and guide you towards the proper procedures to secure your interest from possible competing claims of ownership.
Last Modified: 04-24-2018 01:46 AM PDTLaw Library Disclaimer
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