Definition of "Abstract of title"

Pam  Gabriel real estate agent

Written by

Pam Gabrielelite badge icon

RE/MAX Lakefront Realty Inc

The term’s abstract of title definition is the recorded summary of a property’s history. Abstracts of title can be used to determine former and present ownerships of any significant assets, including expensive jewelry, paintings, or other types of significant assets. Still, they are most commonly used for the ownership of properties. The abstract of title, besides the ownership title, includes evidence of titles, such as maps, plots, and other aids. It applies to all conveyances, including mortgages, deeds, judgments, liens, charges, estates, or other liabilities to which the land may be subject. An abstractor also provides a certification that states that the history of the asset is complete and accurate.

What is an Abstract of Title in Real Estate?

If you’re a property owner, you might find among the property’s documents an abstract of title. Naturally, your next question would be: What is an abstract of title?

Imagine having an old Christmas decoration that you received from a friend, and that friend received it from someone else and so on going back a century. Next to it, you have a list of every owner of that Christmas decoration. That is an easy example of what an abstract of title is. In other words, it is a condensed history for the ownership of a piece of land, property, or real estate. It usually starts from the original grant and mentioned every subsequent owner of the title.

What is an Abstract of Title used for?

This chronological overview of legal documentations related to a property or asset is used to prove accurate ownership of the property or asset. Without the abstract of title, ownership can be contested and lost.

For example, John purchases the property from Michael without an abstract of title received from the seller or available from the county recorder. Without the record of ownership, the property is liable to contest. Let’s say Michael also bought the property from someone else, without the abstract of title. In the meantime, someone else, a person that Michael never met, has the abstract of title and with it can prove real ownership because the purchase was property recorded in the abstract of title. With an abstract of title, this person can claim ownership of the property, and John loses any right of claim.

Because of their importance and their cost, many owners deposit abstracts of title in safe deposit boxes, like that they are safe from loss, theft, or damage.

In case the abstract of title is unavailable, the property should not be purchased until the situation is resolved. An owner can replace an abstract of title. All they have to do is get in touch with a title company or the county recorder that has jurisdiction over the area to recreate or obtain the abstract. Municipal agencies record and research title histories as transactions of property are reported to the county recorder.

What is used instead of Abstracts of Title?

In California, for example, abstracts of title aren’t formally used. To replace them when a property transaction begins, a title company analyses the property’s title and gives a Title Report. The title report doesn’t clear the title of the property but gives the new owner the possibility to buy title insurance.

The abstract of title is used to prove the complete and accurate ownership of a property. However, some owners want more protection, and that’s why title insurance was created. This is less expensive than an abstract of title as it is based on the title report and works to ensure the defense of the title. The abstract of title is the most important document that proves ownership.

image of a real estate dictionary page

Have a question or comment?

We're here to help.

*** Your email address will remain confidential.
 

 

Popular Real Estate Terms

Claim of a person or business to real property such as by exercising an option. ...

Insurance or maintenance policy taken out by a buyer of real or personal property. ...

Mortgage placed on a property after a previous mortgage. It can be a second, third, etc. mortgage. A junior mortgage is subordinate to the terms of a previous mortgage. Junior mortgages ...

An equity-to-value ratio is an excellent tool for those homebuyers that want to understand how profitable an investment is based on the amount of money invested and the actual value of the ...

group of at least two people or businesses combining to engage in a real estate project that would exceed their individual financial abilities. A syndication allows earning to be ...

Pipes from a structure to a sewer for the purpose of sewage disposal. ...

Layer of material put on the outside wall or foundation to prevent the intrusion of water or humidity into the structure. A moisture barrier is constructed out of plastic, aluminum foil, or ...

transfer of real property by legal means such as through inheritance. ...

Organizational governing group. Either an appointed or elected body overseeing the management of an organization and rendering advice on current issues. Members are legally responsible for ...

Popular Real Estate Questions