Property records are documents that pertain to the ownership rights to a piece of real estate, such as a home, a plot of land, commercial property, or any other type of real estate. A deed is a common example of a property record. A deed is a signed legal document that transfers ownership of a property to a new owner.
If a purchase or sale of a property or residence occurs, the transaction should promptly be recorded in the recorder of the deeds office. This process is also necessary if a property is transferred as a gift or through a will. It is extremely important to record all deeds, especially when there is a property dispute where more than one party tries to record a deed or make claims of ownership for the same property.
What is a Registry of Deeds?
A registry of deeds is where documents that establish property ownership are recorded in official books. The registry of deeds maintains a single location where all property records are kept, including deeds to the properties. There will also be documents that contain information regarding:
- Mortgages
- Property tax concerns
- Real estate contracts
- Liens and encumbrances such as easements
- Mechanic’s liens
- Releases
These documents are made available to the public so that they may be researched if a deed or property ownership comes into question or if the potential purchaser wishes to research the chain of title before making an offer on the property or signing a purchase contract.
A registry of deeds may sometimes be referred to by different names, such as a register of deeds or a recorder of deeds. These registries are important for providing information and support for real estate purposes.
The registration and recording of a deed are governed by state recording acts.
When are Registries of Deeds Used?
A registry of deeds is often consulted when the history or background of a property needs to be researched. This type of research is often connected with the purchase and sale of a residence.
In these instances, both the seller and the buyer must confirm that the property can be legally transferred from one party to the other. A registry of deeds may be used to provide assistance with:
- Title searches, including confirming the present and previous owners
- Confirming that the title is marketable, in other words, that there are no restrictions on the transferability, such as an outstanding lien or an easement
- Discovering any title defects
- Other issues such as a transfer-on-death deed. This deed allows homeowners to avoid probate on the owner’s death.
- When the homeowner dies, the property passes directly to the beneficiaries named in the deed without becoming part of the probate estate.
Why Should a Deed be Recorded?
The importance of recording a real estate document cannot be emphasized enough. A deed should be recorded for two main purposes: title searches and certainty of title.
A title search is done when an interested party needs to examine the title of a particular piece of property. They will typically attempt to locate the deed or title at the county recorder’s office. If the property is listed there, the documents will provide important information on the property. For example, the deed will typically list the chain of ownership of the property. It will also list any encumbrances to the title, such as liens.
Certainty of title is an assurance that the person claiming ownership of a piece of property is the actual owner. The recording of a deed grants an owner of property certainty of title. This means that the recorded deed assures that the property owner does own the property and that their rights are secured against legal challenges.
For example, a deed will contain a description of the property’s boundaries. This may be used as evidence in a lawsuit that involves boundary disputes.
If a deed is not recorded, it will cause serious complications in determining the rightful owner. A title search will become more complex if no documents are found on the recorder of deeds. In addition, the property owner will have a more difficult time asserting their property rights against individuals who may be claiming ownership over the property.
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How Do I Record My Deed With the County Recorder?
If an individual has obtained a deed to a piece of property, they should record it with the county recorder to secure their certainty of title.
The most important step in the recording process is to present the deed and several copies of the deed to the recorder’s office. This should be done at the recorder’s office of the county in which the property is located. The recording clerk will enter a copy of the deed into the official records. There will be a fee, which can vary greatly from state to state.
The records at the county recorder’s office are maintained in chronological order so that the chain of title is properly reflected in an index at the recorder’s office. The county recorder may also enter other information, including a property map and information about the owner. Once the deed entry is finalized by the county recorder’s office, the original copy of the deed will be returned to the property owner.
Once the deed is recorded, it becomes a public document. This means that any individual can search the documents if they want to see the history of the ownership of the property or if they want to verify who the current owner is. The primary purpose of the recorder’s office is to maintain the records so that the title to a property can be determined by anyone who wants or needs to know it.
What Happens if I Do Not Record a Deed?
When a property is transferred or sold, the transaction needs to be recorded in the registry of deeds. The recording of real estate documents is necessary for providing up-to-date records for future transactions or changes to the property.
Failing to properly record a deed may lead to:
Deed and title disputes may result in a delayed transaction, lost profits, and other legal issues. In certain cases, a lawsuit may be necessary to clear the title or to allow one party to collect a monetary damages award for their losses.
Do I Need a Lawyer for Help with a Registry of Deeds?
It is essential to have the assistance of a real estate lawyer for help with any registry of deeds complications you may be facing. Understanding a deed and its work is important for any real estate transaction. A properly recorded deed is essential to finalizing a real estate transfer.
Your lawyer can research the registry of deeds and perform a title search in connection with your planned purchase of a piece of property or any other inquiry. Your lawyer can also help you file a lawsuit and represent you in court if any legal disputes or conflicts over the property arise.
