A Real Estate Title is a group or bundle of legal rights affecting the ownership, use and enjoyment of Real Estate. To be able to define and explain those rights, it is necessary to examine every legal instrument which creates ownership and impacts the use and enjoyment of Real Estate. In other words, it is necessary to answer the following types of questions:
A) Who is the owner?
B) Does the owner have the right to sell, borrow, or burden?
C) Are there any restrictions or limitations on the use and enjoyment?
D) Does anyone else have rights?
In order to facilitate the search and examination of Real Estate Titles, registration systems (or recording laws) were developed. These systems, or laws, form the basis of the concept of constructive notice. Constructive notice is the implied knowledge of all instruments in the public record.
Searching and examining Real Estate is the process of researching the public record for any instruments affecting Real Estate. A searcher must be knowledgable of the registration system in order to accurately and thoroughly find and review the pertinent instruments.
Please contact First Centennial Title if you have any title questions.
