What is a Certificate of Title in Real Estate?
A Certificate of Title is an essential document in the field of real estate. It serves as proof of ownership and provides valuable information about a property's legal history. This brief review aims to clarify the concept of a Certificate of Title, its positive aspects, benefits, and the conditions in which it is used.
I. Understanding the Certificate of Title:
A. Definition: A Certificate of Title is an official document that confirms a person or entity's legal ownership rights to a property.
B. Legal Authority: Issued by the government or a relevant authority, it is a legally recognized document that establishes ownership and protects the rights of property owners.
C. Contents: A Certificate of Title typically includes information such as the property's legal description, ownership details, liens, encumbrances, easements, and any other legal restrictions.
II. Positive Aspects of a Certificate of Title in Real Estate:
A. Proof of Ownership: The Certificate of Title provides conclusive evidence of ownership, protecting the rights of property owners.
B. Legal Clarity: It ensures that property ownership is well-defined and legally recognized, minimizing disputes and potential conflicts.
C. Transparency: The document discloses any existing liens, encum
It serves as proof of ownership before someone may assert ownership of a property. Once a title insurance company has performed comprehensive evaluations, a certificate of title is provided to an individual, proving that he or she is the true owner of the property.
What does certification title mean?
A certificate of title is an official document issued by the state, usually a registrar or other public officer, that notes the owner(s) of personal or real property.
Is a deed worthless if not recorded?
Not recording a deed can cause problems for the grantee. They may be unable to obtain a mortgage, insure the property, or sell it. Even more problematic, an unrecorded deed may make it possible for the grantor to sell the property to a buyer and subsequently sell the same property to a different buyer.
Who is usually responsible for providing marketable title to the property?
While the seller has an obligation to present marketable title to real property, the buyer is also responsible for examining any title defects and giving notice of any defect to the seller.
Is a unrecorded deed valid in South Carolina?
All deeds, conveyances, and instruments that are required by law to be recorded, are valid so as to affect the rights of subsequent creditors or purchasers for valuable consideration without notice, only from the time they are recorded in the proper county.
What documents are referred to as title evidence?
Evidence means documentation in the form of a certified search covering a period of twenty (20) years, current title insurance or certified letter from abstractor or title insurance agent certifying fee simple ownership of property.