Registration of Title

Question 1

3 Steps to Record

Answer 1

1) File Instrument
2) Instrument is recorded
3) Indexed

Question 2

What is a file instrument?

Answer 2

Deed, lien, conveyance

Legal effect of filing = nothing

No notice to public, just a pile of documents ATM

Question 3

How is instrument recorded?

Answer 3

By a recording office

Makes a copy

Puts copy in book of official records

Not quite stage where public can search, but is not considered a public record

Question 4

How/ what happens when indexed?

Answer 4

KEY IN PROVIDING SEARCHABLE PUBLIC ACCESS

Instrument is sorted into searchable form so public can walk in the door and find document

This is when NOTICE TO PUBLIC HAPPENS – Constructive Notice

This is the date that matters when claiming priority for recording statutes

Question 5

Two Ways to Sort Index

Answer 5

1) Track Index

Look up addresses and sort that way

2) Chain of Title

Go thru Grantee index and grantor index

Grantee and grantor should be the same throughout the whole index

If grantee is not grantor, or vice verse, at any point, the link in the chain has been broken