Definition§
Recording§
Recording is the act of entering into a public registry the official documents (instruments) that affect the title to real property. By recording these documents, it provides constructive notice to the public of the legal rights and interests in a property. This means that any party interested in a particular property can go to the public records office to confirm the ownership and any encumbrances attached to it.
Examples§
- Deed Recording: When a person purchases a property, the deed is recorded in the public records. This gives public notice that the purchaser now holds the title to the property.
- Lease Recording: A long-term lease may be recorded, giving notice that someone other than the owner has an interest in using the property.
- Lien Recording: If a bank places a lien on a property for a mortgage, this lien can be recorded to give public notice of the bank’s interest in the property.
Frequently Asked Questions§
What documents need to be recorded?§
Documents that affect the title or rights to real property must be recorded. Common examples include deeds, mortgages, leases, and liens.
Why is recording important?§
Recording is crucial because it protects both the property owner and third parties. It provides public notice of the ownership, uses, and claims on a property, thereby preventing fraud and disputes over property rights.
What is constructive notice?§
Constructive notice is the legal fiction that everyone has knowledge of a fact because it has been published or recorded in an official registry accessible to the public. Thus, recording a document provides constructive notice to the world of its contents.
Is recording mandatory?§
While recording may not be legally mandatory in all situations, failing to record documents that affect the title to real property can result in losing legal priority over competing claims.
How do I record a document?§
To record a document, you must take the original document to the appropriate government office (such as a county recorder or registrar of deeds), where it will be officially entered into the public record after paying any applicable fees.
Related Terms§
Constructive Notice§
Constructive notice is the legal concept that information entered into public records provides notification to everyone, thereby binding third parties, even if they have no actual knowledge of the information.
Ownership Rights to Realty§
Ownership rights to realty reflect the bundle of legal rights that come with owning real property, including the right to possess, use, control, and dispose of it.
Online Resources§
- National Association of Realtors (NAR): nar.realtor
- Official Local Government Record Offices: USA.gov
- American Land Title Association (ALTA): alta.org
References§
- “The Essentials of Real Estate Law” by Lynn T. Slossberg
- “Principles of Real Estate Practice” by Stephen Mettling and David Cusic
- Investopedia Real Estate Dictionary: Investopedia - Real Estate Terms
Suggested Books for Further Studies§
- “Real Estate Principles” by Charles J. Jacobus
- “Fundamentals of Modern Property Law” by Edward H. Rabin
- “The Language of Real Estate” by John W. Reilly and Marie S. Spodek
