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Recorder of deeds ordeeds registry is a government office tasked with maintaining public records and documents, especially records relating toreal estate ownership that provide persons other than the owner of a property with realrights over that property.
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The offices with similar duties (varying byjurisdiction) includeregistrar general, register of deeds, registrar of deeds, registrar oftitles. 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 thecounty clerk (or the county'sclerk 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, including deeds,mortgages,mechanic's liens,releases andplats, among others. To allow full access to deeds recorded throughout the office history, several indexes may be maintained, which includegrantor–grantee indexes,tract indexes, andplat maps. Storage methods to record registry entries include paper,microform, and computer.[1]
The principles of statutory, case, andcommon law are given effect by the recorder of deeds, insofar as it relates to vested ownership in land and other real rights. Becauseestate 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 thebundle of rights that it includes can be determined. These records can assist interested parties in researching the history of land and thechain 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 aschattel mortgage papers. The said agency is under the supervision of theLand Registration Authority,Department of Justice.
The South African system of deeds registry is unique in that it is associated with tenure security. Whenconveyancers 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.[2] 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.[3]
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.S., most recorders of deeds are elected officials who serve the area of a county or equivalent jurisdiction.
In some states, the recorder of deeds may also act as a public posting place for documents that are not directly related toestates in land, such as corporatecharters,military discharges,Uniform Commercial Code records, applications for marriage licenses, andjudgments.
Deeds in a few states of the U.S. are maintained under theTorrens title system or some limited implementation of it. (For example:Minnesota, some property inMassachusetts,Colorado,Hawaii,New York,North Carolina,Ohio, andWashington.)
Other U.S. states maintain their deeds under thecommon law system ofrecord title. Typically, they are filed in chronological order with a grantor/grantee index.
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