The registration and recording of deeds is governed by state recording acts. These are laws that regulate recordation, title searches, and deed contests. Having a recorded deed is especially important for property disputes wherein more than party is trying to record a deed for the same property. The importance of recording real estate documents cannot be emphasized enough. A title search occurs where an interested party needs to examine the title to a particular piece of property.
If listed there, the documents will provide important information on the property. For example, the deed will usually list the chain of ownership of the property, and will list any encumbrances to the title, such as a lien. This means that the recorded deed acts provides assurance that the property owner does indeed own the premises, and that their property rights are secured against legal challenges.
For example, the deed documents will usually contain a description of the property boundaries. These can be used as evidence in a lawsuit involving boundary disputes. Thus, if a deed is not recorded, it can cause various complications. A title search will become much more complex if no documents are found at the recorder of deeds.
Also, the property owner will have a much more difficult time asserting their property rights against persons who may be claiming ownership over the land.
Will County Recorder of Deeds
If you have obtained a deed to property, you should record it with the county recorder in order to secure your certainty of title. The recording clerk will enter a copy of the deed into the official records. The original copy of the deed will be returned to the property owner once the entry is finalized. Finally, a real property deed becomes a public document once it is recorded with the recorder of deeds.
The Duties of the Recorder's Office are now handled by the County Clerk
This means that any person can search the documents if they need verification of property ownership. Recording your deed is one of the most important aspects of property ownership. The laws governing recordation vary widely by jurisdiction. You may wish to contact a real estate lawyer for advice on how to record a deed.
An attorney can help you compile all the documents which must be submitted to the recorder of deeds.
Kane County Recorder - Sandy Wegman (Home)
Alternatively, if you need to search the county records, an attorney can assist you in locating and analyzing the title to property you are interested in. Ken LaMance. Law Library Disclaimer.
Can't find your category? Click here. The recorder of deeds provides a single location in which records of real property rights are recorded and may be researched by interested parties. The record of deeds often maintains documents regularly recorded by the recorder of deeds, including deeds, mortgages , mechanic's liens , releases and plats , among others.
To allow full access to deeds recorded throughout the office history, several indexes may be maintained, which include grantor—grantee indexes , tract indexes , and plat maps. Storage methods to record registry entries include paper, microform , and computer. The principles of statutory, case, and common law are given effect by the recorder of deeds, insofar as it relates to vested ownership in land and other real rights.
Because estate in land can be held in so many complex ways, a single deeds registry provides some clarity, even though it cannot "guarantee" those real property rights.
Karen A. Stukel
The legal certainty provided by a title deed issued under the registration of the recorder of deeds is of great significance to all parties who hold, or wish to acquire rights in real property. Certainty of title is the basis for the investment of massive amounts of money in real estate development for residential, commercial, industrial and agricultural use each year. This is why the meticulous recording of registration information by the recorder of deeds is so important.
Each document recorded against title to real estate can be examined and the portion of the bundle of rights that it includes can be determined. These records can assist interested parties in researching the history of land and the chain of title for any property and purpose. The Registry of Deeds exists in almost all cities and municipalities in the Philippines and it has a primary duty of registering and keeping all documents pertaining to transfer of real property and issuance of certificates of land title, whether original, transfer or condominium as well as chattel mortgage papers.
The South African system of deeds registry is unique in that it is associated with tenure security. When conveyancers transfer title, they are expected to follow rigid procedures which involve ensuring the title and the property comply with all the relevant legislation and regulations, leading to a high degree of certainty and accuracy. Recent concerns about the standard of legal education in South Africa, however, has raised concerns about whether this is still the case. The Deeds Registries Act and Sectional Titles Act are applied to regulate the deeds registry system, and form the foundation of land registration in South Africa.
In the U. In some states, the recorder of deeds may also act as a public posting place for documents that are not directly related to estates in land , such as corporate charters , military discharges , Uniform Commercial Code records, applications for marriage licenses, and judgments. Deeds in a few states of the U.
Other U. Media related to Recorder of deeds at Wikimedia Commons Recording process:. From Wikipedia, the free encyclopedia. This article has multiple issues.
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