Recorder of deeds
||The examples and perspective in this article deal primarily with the United States and do not represent a worldwide view of the subject. (April 2014)|
|This article does not cite any references or sources. (November 2011)|
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.
The offices with similar duties (varying by jurisdiction) include registrar general, register of deeds, registrar of deeds, registrar of titles. 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 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 include 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.
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.
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.[peacock term] 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.
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.S. are maintained under the Torrens title system or some limited implementation of it. (For example: Minnesota, some property in Massachusetts, Colorado, Hawaii, New York, North Carolina, Ohio, and Washington.)
Other U.S. states maintain their deeds under common law; typically, they are filed in chronological order with a grantor/grantee index.
Recorders/registers of deeds who became prominent in politics
- Joseph Montgomery: Recorder of Deeds and Register of Wills, Dauphin County, Pennsylvania, 1785–94
- Samuel P. Morrill: Register of Deeds for Franklin County, Maine, 1857–67
- Hugh McLaughlin (politician), Register of Deeds for Kings County, New York, for three consecutive terms from 1861
- Frederick Douglass: Recorder of Deeds for the District of Columbia, 1881–86
- Charles E. Townsend: Register of Deeds for Jackson County, Michigan, 1886–97
- Blanche Kelso Bruce: Recorder of Deeds for the District of Columbia, 1891–93
- William S. Vare: Recorder of Deeds for Philadelphia, Pennsylvania, 1902–12
- Edward Boland: Register of Deeds for Hampden County, Massachusetts, 1941–52
- Carol Moseley Braun: Recorder of Deeds for Cook County, Illinois, 1988–92
- Jesse White: Recorder of Deeds for Cook County, Illinois, 1993–99
- Ryan Costello: Recorder of Deeds for Chester County, Pennsylvania, 2008–11
- Mariano Rajoy: Recorder of Deeds first for Padrón, then for Villafranca del Bierzo, and lately for Santa Pola, Spain; from 1979 until the present
- Illinois Mechanics Liens
- Landaccess Records Search for Illinois, Michigan, Missouri, New Jersey, New York, Ohio, Pennsylvania and South Carolina
- Property Records Industry Association (PRIA)
- Kansas Register of Deeds Association
- North Carolina Association of Registers of Deeds
- Wisconsin Register of Deeds Association
- Ohio Recorders' Association, OH
- Cook County, IL
- Columbus County, NC
- Guilford County, NC
- Hall County, NE
- Anderson County, TN (first with online document viewing, 3/24/97)
- Shelby County, TN
- Wilson County, TN
- Johnston County, NC (first electronic recording of a land record via eNotary under the newly approved North Carolina ERC rules)
- Delaware County, OH
Commercial Online Providers:
Software and Service Providers:
- 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.