unit 7 Title Records Flashcards
The act of placing documents in the public record
Recording
The legal presumption that information may be obtained through diligent inquiry,questing and research
Constructive notice
When an individual is actually aware of a Fact, they said to have this type of notice
Actual notice
the Order of rights in time such as who recorded first, which party was in possion first.
Priority
The record of a property’s ownership from the earliest owners
Chain of title
A legal action to remove a cloud on the title and establish legal ownership
Action to quiet title
An examination of all the public records to determine if any defects exist in a property history ownership
Title Search
The individual who prepares a summary report of the results of a title search
Abstractor
A contract under wich a policyholder is protectedfrom losses arising from defects in titles
Title Insurance
Title problem that is created by a gap in the chain of the tite or oher dispute of owership
Cloud of title
3 types of notice
1: contructive
2: Actual
3: Inquiry
Not all pertinent information is
of the public record when the information is needed and
therefore additional due diligence is required.
Unrecorded Documents
The Marketable Title Acts extinguish certain interests and cures certain defects arising before the rood of the title – the conveyance that establishes the source of the chain of title
Root of the title
title insurance coverage have some exclusion
Exclusions include zoning ordinances, restrictive
covenants, easements, water rights, and current taxes and special assessments.