200012 Lecture Notes - Lecture 29: Property Law, Title Insurance, Title Search

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In the world of real estate, title is the right or evidence of the right of ownership of real property. In order that all involved parties have an accurate assessment of ownership, public record-keeping is a necessity as it provides legal and public notice regarding any entity"s interest in a specific piece of property. This public paper trail allows for parties to protect their interests against any third-party claims. During the sale of property, the owner must guarantee to the buyer that the title being conveyed is free and clear of anyone else"s claims. A part of that process is demonstrating proof of ownership through means of a certificate of title. The certificate of title is a statement of opinion that a title company or attorney believes that the property is owned free and clear based on researching available public records. Public records should list any encumbrances on the property, such as liens or easements.

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