Public Records Flashcards
An interest in real property against the will of the owner, but without action my owner, according to Apparation, natural process, or adverse possession.
Accession, foreclosure, eminent domain, adverse possession
Involuntary alienation
This is the most common way to transfer ownership of land. Owner undertakes of his or her free will and may be accomplished in the following ways.
Sale, gift, dedication, Grant
Voluntary alienation
When a person dies with a will(testate), The property is transferred to his heirs (the devisee’s) as indicated in the will via.
Devise
When a person dies without a will (intestate), his property descends to natural heirs or next of kin as provided for by state law via
Descent
Provides constructive notice so that the public is able to determine who holds interest in any piece of property. Allows property owners to defend their state, right, or interest against third parties claiming a subsequent interest. Requires the knowledge meant of an authorized official, usually a Notory public.
Recording a document
______Includes what someone personally saw, heard, read or observed.
ACTUAL NOTICE (aka actual knowledge)
________ holds that everyone has ____ notice the recorded documents. Even if someone didn’t know about a particular recorded document, they could’ve found it by searching the public record.
Constructive notice (aka legal notice)
A person has___ ____when there is an indication of a claim or other situation that would alert of reasonable person to further inquire about the title. Someone who does not find a claim against property through failure to look may still be held to have ____ ____of a claim.
Inquiry notice
2 grantees figuratively race each other to the recorders office, and whoever the records a deed first as title to the property (assuming there is no notice). This notice rule only protect subsequent good-faith purchasers. If gift recipients don’t record their deeds, they may lose their interest in the land.
Race/ Notice Rules
Documents involving creation, transfer, or encumbrance of an estate can be filed here.
A recording fee and an acknowledgement are required to record any document.
Public recorder’s office
Also called grantor index, list all documents alphabetically by grantor’s last name
A direct index
Also called grantee Index, list all documents by grantees last name.
Reverse index
Lists recorded mortgage is, and whether or not they have been satisfied, by the property owner’s last name.
Mortgage index
Also called a tax index, lists documents under tax parcel number of the property, the scooping together all recorded documents affecting that piece of property.
Sectional index
The gaining of title to land by its addition to real estate already owned, through human actions a natural process.
Accession