Recorder of deeds
Overview
 
Recorder of deeds is a government office tasked with maintaining public records and documents, especially records relating to real estate ownership that provide persons other than the owner of a property with real rights over that property.
Offices with similar duties (varying by jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...

) include registrar general
Registrar General
General Register Office, in England and Wales, Scotland, Ireland, and many Commonwealth nations, is the government agency responsible for civil registration - the recording of vital records such as births, deaths, and marriages...

, register of deeds, registrar of deeds, registrar of titles
Title (property)
Title is a legal term for a bundle of rights in a piece of property in which a party may own either a legal interest or an equitable interest. The rights in the bundle may be separated and held by different parties. It may also refer to a formal document that serves as evidence of ownership...

. The office of such an official may be referred to as the deeds registry or deeds office.
Encyclopedia
Recorder of deeds is a government office tasked with maintaining public records and documents, especially records relating to real estate ownership that provide persons other than the owner of a property with real rights over that property.

Background

Offices with similar duties (varying by jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...

) include registrar general
Registrar General
General Register Office, in England and Wales, Scotland, Ireland, and many Commonwealth nations, is the government agency responsible for civil registration - the recording of vital records such as births, deaths, and marriages...

, register of deeds, registrar of deeds, registrar of titles
Title (property)
Title is a legal term for a bundle of rights in a piece of property in which a party may own either a legal interest or an equitable interest. The rights in the bundle may be separated and held by different parties. It may also refer to a formal document that serves as evidence of ownership...

. The office of such an official may be referred to as the deeds registry or deeds office. In the United States, the recorder of deeds is often an elected county office and is called the county recorder. In some U.S. states, the functions of a recorder of deeds are a responsibility of the county clerk (or the county's clerk of court), and the official may be called a clerk-recorder or recorder-clerk.

The recorder of deeds provides a single location in which records of real rights is recorded and may be researched by interested parties. The record of deeds often maintains documents regularly recorded by the recorder of deeds include deeds, mortgages, mechanic's liens, releases
Legal release
A legal release is a legal instrument that acts to terminate any legal liability between the releasor and the releasee, signed by the releasor. A release may also be made orally in some circumstances...

 and plat
Plat
A plat in the U.S. is a map, drawn to scale, showing the divisions of a piece of land. Other English-speaking countries generally call such documents a cadastral map or plan....

s, among others. To allow full access to deeds recorded throughout the office history, several indexes may be maintained, which include grantor-grantee index
Grantor-grantee index
A grantor-grantee index is a general term for two lists of real property transfers maintained in alphabetical order of the last name of the parties transferring the property. One list is the grantor index, an alphabetic list of sellers...

es, tract indexes, and plat maps
Lot and Block survey system
The Lot and Block Survey System is a method used in the United States and Canada to locate and identify land, particularly for lots in densely populated metropolitan areas, suburban areas and exurbs...

. Storage methods to record registry entries include paper, microform
Microform
Microforms are any forms, either films or paper, containing microreproductions of documents for transmission, storage, reading, and printing. Microform images are commonly reduced to about one twenty-fifth of the original document size...

, and computer.

The principles of statutory, case, and common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...

 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
Estate in land
An estate in land is an interest in real property that is or may become possessory.This should be distinguished from an "estate" as used in reference to an area of land, and "estate" as used to refer to property in general....

 can be held in so many complex ways, a single deeds registry provides some stability, even though it cannot "guarantee" those real rights.

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
Bundle of Rights
The bundle of rights is a common way to explain the complexities of property ownership. Teachers often use this concept as a way to organize confusing and sometimes contradictory data about real estate....

 that it includes can be determined. These records can assist interested parties in researching the history of land and the chain of title
Chain of title
A chain of title is the sequence of historical transfers of title to a property. The "chain" runs from the present owner back to the original owner of the property. In situations where documentation of ownership is important, it is often necessary to reconstruct the chain of title...

 for any property and purpose.

South Africa: deeds registry

The South African system of deeds registry is hailed by many as one of the best systems of title registration in the world. The South African Registrar of Deeds is responsible for the national system of deeds offices which, through a juristic foundation and long-standing practices and procedures, has the effect of “guaranteeing” title.

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.

United States: recorders of deeds

In the U.S., most Recorders of Deeds are elected officials serving the area of a county or county equivalent territory.

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 charter
Charter
A charter is the grant of authority or rights, stating that the granter formally recognizes the prerogative of the recipient to exercise the rights specified...

s, military discharge
Military discharge
A military discharge is given when a member of the armed forces is released from their obligation to serve.-United States:Discharge or separation should not be confused with retirement; career U.S...

s, Uniform Commercial Code
Uniform Commercial Code
The Uniform Commercial Code , first published in 1952, is one of a number of uniform acts that have been promulgated in conjunction with efforts to harmonize the law of sales and other commercial transactions in all 50 states within the United States of America.The goal of harmonizing state law is...

 records, applications for marriage licenses, and judgments.

Deeds in a few states of the U.S. are maintained under the Torrens title
Torrens title
Torrens title is a system of land title where a register of land holdings maintained by the state guarantees an indefeasible title to those included in the register...

 system or some limited implementation of it. (For example: Iowa
Iowa
Iowa is a state located in the Midwestern United States, an area often referred to as the "American Heartland". It derives its name from the Ioway people, one of the many American Indian tribes that occupied the state at the time of European exploration. Iowa was a part of the French colony of New...

, Minnesota
Minnesota
Minnesota is a U.S. state located in the Midwestern United States. The twelfth largest state of the U.S., it is the twenty-first most populous, with 5.3 million residents. Minnesota was carved out of the eastern half of the Minnesota Territory and admitted to the Union as the thirty-second state...

, some property in Massachusetts
Massachusetts
The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...

, Colorado
Colorado
Colorado is a U.S. state that encompasses much of the Rocky Mountains as well as the northeastern portion of the Colorado Plateau and the western edge of the Great Plains...

, Hawaii
Hawaii
Hawaii is the newest of the 50 U.S. states , and is the only U.S. state made up entirely of islands. It is the northernmost island group in Polynesia, occupying most of an archipelago in the central Pacific Ocean, southwest of the continental United States, southeast of Japan, and northeast of...

, New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...

, North Carolina
North Carolina
North Carolina is a state located in the southeastern United States. The state borders South Carolina and Georgia to the south, Tennessee to the west and Virginia to the north. North Carolina contains 100 counties. Its capital is Raleigh, and its largest city is Charlotte...

, Ohio
Ohio
Ohio is a Midwestern state in the United States. The 34th largest state by area in the U.S.,it is the 7th‑most populous with over 11.5 million residents, containing several major American cities and seven metropolitan areas with populations of 500,000 or more.The state's capital is Columbus...

 and Washington.) Other U.S. states, on the other hand, maintain their deeds under Common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...

, typically, in chronological order with a grantor/grantee index.

Recorders/Registers of Deeds who became prominent in politics

  • Joseph Montgomery
    Joseph Montgomery
    Joseph Montgomery was an American Presbyterian minister and a delegate to the Continental Congress from Pennsylvania.Joseph was born near Harrisburg on October 3, 1733. The area at that time was part of Lancaster County. His parents, John and Martha Montgomery, had immigrated from Ireland...

    : Recorder of Deeds and Register of Wills, Dauphin County, Pennsylvania
    Dauphin County, Pennsylvania
    Dauphin County is a county in the U.S. state of Pennsylvania and is one of the three counties comprising the Harrisburg–Carlisle Metropolitan Statistical Area. As of 2010 census, the population was 268,100. The county includes the city of Harrisburg, which has served as the state capital...

    , 1785–94
  • Samuel P. Morrill
    Samuel P. Morrill
    Samuel Plummer Morrill was a nineteenth century politician and minister from Maine.Born in Chesterville, Maine, Morrill attended common schools as a child and later attended Farmington Academy in Farmington, Maine. He studied theology, was ordained a minister and held pastorates in Farmington from...

    : Register of Deeds for Franklin County, Maine
    Franklin County, Maine
    Franklin County is a county located in the U.S. state of Maine. As of 2010, the population was 30,768. Its county seat is Farmington.Franklin County was established on 9 May 1838.-Geography:...

    , 1857–67
  • Hugh McLaughlin (politician)
    Hugh McLaughlin (politician)
    Hugh McLaughlin was an American politician and for many years the "boss" of the Democratic Party in Brooklyn.-Life:Hugh McLaughlin was born in Brooklyn as son of Irish immigrants. He learned the trade of a rope maker. In 1855 he became master mechanic in the Brooklyn Navy Yard...

    , Register of Deeds for Kings County for three consecutive terms from 1861
  • Frederick Douglass
    Frederick Douglass
    Frederick Douglass was an American social reformer, orator, writer and statesman. After escaping from slavery, he became a leader of the abolitionist movement, gaining note for his dazzling oratory and incisive antislavery writing...

    : Recorder of Deeds for the District of Columbia, 1881–86
  • Charles E. Townsend
    Charles E. Townsend
    Charles Elroy Townsend was a U.S. Representative and U.S. Senator from the state of Michigan.Townsend was born near Concord, Michigan and attended the common schools in Concord and Jackson and the University of Michigan at Ann Arbor. He taught school at Concord 1881-1886 and was Jackson County...

    : Register of Deeds for Jackson County, Michigan
    Jackson County, Michigan
    As of the census of 2000, there were 158,422 people, 58,168 households, and 40,833 families residing in the county. The population density was 224 people per square mile . There were 62,906 housing units at an average density of 89/sq mi...

    , 1886–97
  • Blanche Kelso Bruce
    Blanche Bruce
    Blanche Kelso Bruce was a U.S. politician who represented Mississippi as a Republican in the U.S. Senate from 1875 to 1881 and was the first elected African-American senator to serve a full term. Hiram R. Revels, also of Mississippi, was the first to ever serve in the U.S...

    : Recorder of Deeds for the District of Columbia, 1891–93
  • William S. Vare
    William S. Vare
    William Scott Vare was an American construction contractor and Republican Party politician from Philadelphia, Pennsylvania. He represented Pennsylvania in the U.S House and won a contested election to the United States Senate.-Youth:Bill Vare was the youngest of three Vare brothers who were all...

    : Recorder of Deeds for Philadelphia, Pennsylvania
    Philadelphia, Pennsylvania
    Philadelphia is the largest city in the Commonwealth of Pennsylvania and the county seat of Philadelphia County, with which it is coterminous. The city is located in the Northeastern United States along the Delaware and Schuylkill rivers. It is the fifth-most-populous city in the United States,...

    , 1902–12
  • Edward Boland
    Edward Boland
    Edward Patrick Boland was a politician from the state of Massachusetts. A Democrat, he was a representative from Massachusetts's 2nd congressional district....

    : Register of Deeds for Hampden County, Massachusetts
    Hampden County, Massachusetts
    -Demographics:As of the census of 2004, there were 461,228 people, 175,288 households, and 115,690 families residing in the county. The population density was 738 people per square mile . There were 185,876 housing units at an average density of 301 per square mile...

    , 1941–52
  • Carol Moseley Braun
    Carol Moseley Braun
    Carol Elizabeth Moseley Braun is an American feminist politician and lawyer who represented Illinois in the United States Senate from 1993 to 1999. She was the first and to date only African-American woman elected to the United States Senate, the first woman to defeat an incumbent senator in an...

    : Recorder of Deeds for Cook County, Illinois
    Cook County, Illinois
    Cook County is a county in the U.S. state of Illinois, with its county seat in Chicago. It is the second most populous county in the United States after Los Angeles County. The county has 5,194,675 residents, which is 40.5 percent of all Illinois residents. Cook County's population is larger than...

    , 1988–92
  • Jesse White
    Jesse White (politician)
    Jesse Clark White is a Democratic American politician. He is currently the 37th and second-longest serving Secretary of State of Illinois, after James A. Rose, and the first African American to hold this position....

    : Recorder of Deeds for Cook County, Illinois
    Cook County, Illinois
    Cook County is a county in the U.S. state of Illinois, with its county seat in Chicago. It is the second most populous county in the United States after Los Angeles County. The county has 5,194,675 residents, which is 40.5 percent of all Illinois residents. Cook County's population is larger than...

    , 1993–1999
  • Mariano Rajoy
    Mariano Rajoy
    Mariano Rajoy Brey is a Spanish People's Party politician and is the Prime Minister-elect since 20 November 2011. He will be sworn into office in mid-December 2011....

    : Recorder of Deeds first for Padrón
    Padrón
    Padrón is a concello in the Province of A Coruña, in Galicia within the comarca of O Sar. It covers an area of 48.4 km², is 95 km from A Coruña and, , had a population of 8968 according to the INE....

    , then for Villafranca del Bierzo
    Villafranca del Bierzo
    thumb|250px|Castle of Villafranca.Vilafranca del Bierzo is a village and municipality located in the comarca of El Bierzo, in the province of León, Castile and León, Spain.It is one of Galician speaking councils of Castilla y León....

    , and lately for Santa Pola
    Santa Pola
    Santa Pola is a coastal town located in the comarca of Baix Vinalopó in the Valencian Community, Spain, by the Mediterranean Sea...

    , Spain
    Spain
    Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...

    , since 1979 until present.

External links

Recording process:

Directory:

Organizations:

Specific offices:

Commercial Online Providers:

South Africa:
  • DeedsWeb is the Department of Land Affairs' official website for the supply of deeds registration information.
  • This report gives an overview of the foundations, performance, and goals of Deeds Registration in South Africa.


Ukraine:
The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
x
OK