Titles ... Flashcards
(6 cards)
What are the two kinds of notices to legal title?
- Actual notice
- Constructive notice
Actual notice involves direct knowledge (see, hear, or read), whereas constructive notice is established through public recording.
What is actual notice?
Actual notice is direct knowledge acquired in the course of a transaction (see, hear, or read)
This type of notice implies that the person has been informed directly about the transaction.
What is constructive notice?
Constructive notice is accomplished by recording a document in the public records
This means that the information is available to the public, and one is assumed to be aware of it.
What are the 3 components for ‘protection of title’?
- Chain of title
- Abstract of title
- Title opinion
These components help ensure that the title to the property is clear and legally protected.
What is chain of title?
A list of all the past owners of the property, going back to the original owner
This establishes the history of ownership and can reveal any potential claims or issues.
What is abstract of title?
A condensed version of the chain of title, including key documents like deeds, mortgages, and court records
It summarizes the essential elements of the property’s ownership history.