Property Records, County Public Property Records access and recording title

The Complete Guide to Land Title Recording: Everything Property Owners Need to Know

What Are Property Records and Why They Matter

Property records serve as the official documentation of who owns residential or commercial real estate. These essential documents track the history of ownership transfers, whether through sale, gift, or endowment. For any property transaction to be legally binding, it must be properly filed and recorded with the appropriate government office.

Local government offices maintain these critical records under various names depending on your state – from the Clerk of Court to the Recorder of Mortgages or Department of Records. These centralized repositories safeguard important property documents including:

• Deeds
• Titles
• Liens
• Mortgages
• Easements

How the Land Title Recording Process Works

The Essential Recording and Indexing System

Each state establishes specific regulations governing property record filing. Failing to register property documents properly can invalidate them against future purchasers who aren’t aware of their existence.

Property records are typically organized using one of two indexing methods:

Grantor-Grantee Index: This system creates a searchable database organized by:

• The names of those conveying property (grantors)
• Those receiving property interest (grantees)
• Filing dates of all documents

Tract Index: This alternative method requires recording officers to:

• Determine which properties are affected by each document
• List properties by legal description
• Maintain separate files for deeds and mortgages

While less commonly used, the tract index system can significantly reduce both costs and the likelihood of recording errors.

Understanding Property Liens: What Property Owners Should Know

When creditors need to collect on a debt, they can attach a lien notice to property by filing it with the county records office. These liens become visible during any property search and create what’s known as an “unclear title.”

Important facts about property liens:

• Liens can result from unpaid debts, code violations, or delinquent taxes
• Any member of the public can search and view lien records
• A property must have a “clear title” (free of liens) to be sold or refinanced
• All financial holds must be settled to clear a title
• While creditors can request foreclosure to satisfy a lien, most will wait for a voluntary sale

Since buyers typically won’t purchase property without a clear title, sellers often use a portion of the sale proceeds to pay off creditors and remove liens.

Property Deeds Explained: Types and Legal Requirements

A deed documents the transfer of land from a grantor (seller) to a grantee (buyer). For a deed to be legally valid, it must contain:

• Clear identification of both the grantor and grantee
• An adequate description of the property being transferred

Different types of deeds provide varying levels of protection to buyers:

1. Warranty Deeds: Offer the highest level of buyer protection
2. Quitclaim Deeds: Transfer whatever interest the grantor has without warranties
3. Special Purpose Deeds: Used in specific situations like foreclosures or tax sales

In some transactions, a non-interested third party (typically an escrow company) may act as a trustee holding the title until a loan is repaid.

Mortgages and Property Records: What You Need to Know

Unlike deeds, mortgage transactions usually involve just two parties. These public records document:

• The amount of money owed on a property
• The lender who provided the funds

For properties purchased without full payment, the mortgage specifies the loan amount and lender details. Once filed, the mortgage company has a legal hold on the property, securing their right to repayment.

How to Conduct a Property Title Search

A thorough title search helps discover all relevant documentation by researching parties listed on registered deeds. The process typically follows these steps:

1. Explore the county’s grantor directory to find the original registered owner
2. Trace the chain of ownership from the original government grant to the current owner
3. Search for the original grantee’s name in the grantor index to find subsequent deed transfers
4. Repeat this process to discover all grants linking the original owner to the current title holder
5. Check for any claims or liens against any parties in the ownership chain

Alternative Search Methods

When multiple government grants exist or records are incomplete, searchers may use a reverse search technique:

1. Start with the current presumed owner
2. Work backward through the grantee index
3. Continue until reaching the original government grant

Both methods aim to establish the complete “chain of title” – the unbroken sequence of ownership from original grant to present day.

Why Property Records Matter for Current Owners

Attorneys and title companies rely on property records to verify past and present ownership details. These records:

• Constitute the legal chain of title
• Show clear evidence of current and previous ownership
• Help identify any complications in the property’s history

A break in the chain of title can create significant obstacles during the search process. The public recording of these legally binding agreements becomes especially important if documents are ever lost, destroyed, or stolen.

By understanding how property records work, owners can better protect their interests and ensure smooth transfers of ownership when selling or passing property to heirs.