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Not so. First American, one of the largest title insurers in the U.S., maintains a list of some 70 possible defects, including: A forged deed. An undisclosed divorce. Undisclosed tax liens. A ...
Fee simple value (known in the UK as freehold) – The most complete ownership in real estate, subject in common law countries to the powers reserved to the state (taxation, escheat, eminent domain, and police power) Leased fee value – This is simply the fee simple interest encumbered by a lease. If the lease is at market rent, then the ...
The record title system differs significantly from land registration systems, such as the Torrens system, that have been adopted in a few states. The principal difference is that the recording system does not determine who owns the title or interest involved, which is ultimately established through litigation in the courts.
A good title consists of the combination of these three (possession, right of possession, and right of property) in the same person(s). The extinguishing of ancient, forgotten, or unasserted claims, such as E's in the example above, was the original purpose of statutes of limitations. Otherwise, title to property would always be uncertain.
A general warranty deed is the most common deed you'll come across in a standard home sale. It's "the physical representation of the transfer of ownership," says Kendall Bonner, a licensed Florida ...
The Registry of Deeds has since 1708 dealt with the registration of wills, marriage settlements, title deeds, mortgage documents and other documentation concerning granting of title over land. It was originally set up to enforce the legislation regarding ownership of land by Catholics. A registered deed took precedence over an unregistered deed.
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