REP_OH.13

REP_OH.13 - CM 426 - REP 13 TITLE RECORDS 1 I. PUBLIC...

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1 CM 426 -- REP 13 TITLE RECORDS I. PUBLIC RECORDS A. AVAILABLE TO THE PUBLIC -- ANYONE B. MAINTAINED BY 1. CITY AND COUNTY RECORDERS’ OFFICES 2. CITY, COUNTY AND COURT CLERKS C. PURCHASER SHOULD RESEARCH PROPERTY TITLE, ETC. -- THIS IS USUALLY DONE BY A TITLE COMPANY II. RECORDING A. WRITTEN DOCUMENTS THAT AFFECT REAL ESTATE 1. MUST BE RECORDED IN COUNTY WHERE PROPERTY IS LOCATED 2. LEGAL PRIORITY IS USUALLY “FIRST-COME, FIRST-SERVED” B. STATE RULES CONTROL 1. MIGHT REQUIRE ACKNOWLEDGMENT BY A NOTARY 2. SIZE, QUALITY OF PAPER 3. FORMAT FOR SIGNATURES, ETC. III. NOTICE A. THOSE INTERESTED IN A PARCEL OF REAL ESTATE CAN “GIVE NOTICE” TO PUBLIC REGARDING ALLEGED INTEREST B. THREE TYPES OF NOTICE
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1. CONSTRUCTIVE NOTICE -- MEANS A DILIGENT PERSON CAN FIND THE INFORMATION -- IT IS READILY AVAILABLE FOR EXAMPLE: a. PROPERLY RECORDED DOCUMENTS b. PHYSICAL POSSESSION OF PROPERTY 2. ACTUAL NOTICE a. INFORMATION IS AVAILABLE AND HAS BEEN GIVEN TO AN INDIVIDUAL WHO NOW KNOWS THE INFORMATION b. AN INDIVIDUAL WHO HAS SEARCHED THE PUBLIC RECORDS AND HAS INSPECTED THE PROPERTY HAS ACTUAL NOTICE c. THIS IS DIRECT KNOWLEDGE AND PRECLUDES A DEFENSE OF LACK OF CONSTRUCTIVE NOTICE – FOR EXAMPLE, UNRECORDED DEED B MAY SUPERCEDE RECORDED DEED A IF B WAS LEGALLY DELIVERED EARLIER IN TIME THAN A AND THE GRANTEE(S) OF A HAD ACTUAL NOTICE (KNOWLEDGE) OF THE GRANTEE(S) OF B ’s CLAIM 3. INQUIRY NOTICE a. LAW PRESUMES A REASONABLE PERSON WOULD MAKE INQUIRIES INTO PROPERTY TO GET NEW INFORMATION b. UPON INSPECTING LAND, A DIRT
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REP_OH.13 - CM 426 - REP 13 TITLE RECORDS 1 I. PUBLIC...

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