Legal Definitions - record

The term "record" has several distinct meanings in a legal context, depending on whether it refers to property, court proceedings, or general information.

1. In Real Estate: To File Publicly

In real estate, to "record" means to officially file a document, such as a deed or mortgage, with a designated government office (often called the county recorder or registry of deeds) in the county where the property is located. The purpose of recording is to create a public, accessible history of ownership and any claims or interests affecting a piece of land. This public filing provides "constructive notice," meaning that everyone is legally presumed to be aware of the information contained in the recorded document, whether they have actually looked at it or not. This system protects buyers and lenders by making property ownership and any associated burdens transparent.

• Example 1: Recording a Property Deed

  A couple purchases a new home. After the sale is finalized, their attorney ensures that the deed, which legally transfers ownership from the seller to the buyers, is "recorded" with the county recorder's office. This act makes their ownership a matter of public record, protecting them against any future claims by the previous owner or other parties who might try to assert an unknown interest in the property. It also informs potential future buyers or lenders about the current legal owner.

• Example 2: Recording an Easement

  A homeowner grants a local utility company an easement, which is a legal right to run power lines across a specific portion of their backyard. To ensure this right is legally binding and known to future property owners, the utility company "records" the easement document with the county. This way, if the homeowner sells their property years later, the new buyers will have constructive notice of the utility company's right to access that part of the land, even if the previous owner didn't explicitly mention it.

• Example 3: Recording a Mortgage Release

  After making the final payment on their home loan, a homeowner receives a document from their bank confirming that the mortgage has been fully paid off. The homeowner then "records" this mortgage release document at the county office. This action officially removes the bank's lien (claim) on the property from the public record, clearly showing that the property is no longer encumbered by that specific debt and making it easier to sell or refinance in the future.

2. In Legal Proceedings: The Official Account

In the context of legal proceedings, the "record" refers to the complete, official collection of all documents, evidence, and transcripts from a trial, hearing, or other formal legal process. This includes everything from initial filings and motions, to witness testimony, physical exhibits, and the judge's rulings. The record serves as the authoritative account of what transpired and is crucial for appellate courts when reviewing a lower court's decision.

• Example 1: Appealing a Court Decision

  A person convicted of a crime decides to appeal their case. The appellate court will not conduct a new trial but will instead review the "record" from the original trial. This record includes the verbatim transcript of all testimony, all evidence admitted (such as photographs, documents, or physical objects), and all legal arguments and rulings made by the judge. The appellate court will determine if any legal errors occurred during the trial based solely on the information contained within this official record.

• Example 2: Administrative Hearing Review

  A small business challenges a fine imposed by a government environmental agency. An administrative law judge conducts a hearing where both sides present arguments and evidence. All submitted documents, expert testimony, and the judge's findings are compiled into the official "record" of the hearing. If the business decides to challenge the judge's decision in a higher court, that court will examine this administrative record to ensure the agency followed proper procedures and that its decision was supported by the evidence presented.

3. In Commercial and General Contexts: Stored Information

More broadly, a "record" can refer to any information that is stored in a perceivable form, whether it's written on a physical medium like paper or stored electronically. This definition encompasses a wide range of documents and data that memorialize events, transactions, or facts for future reference.

• Example 1: Business Financial Records

  A small business maintains detailed "records" of all its financial transactions. This includes digital spreadsheets of income and expenses, scanned receipts for purchases, and physical bank statements. These records are essential for tracking profitability, managing cash flow, and preparing tax returns, as they provide a clear account of the company's financial activities over time.

• Example 2: Patient Medical Records

  A hospital keeps comprehensive electronic health "records" for every patient. These digital records contain a patient's medical history, diagnoses, prescribed medications, treatment plans, and test results. This ensures that doctors, nurses, and other healthcare providers have immediate access to critical information, allowing them to provide informed and continuous care.

• Example 3: Corporate Meeting Minutes

  During a company's board of directors meeting, the corporate secretary takes detailed "minutes." These minutes, which might be stored as a digital document or a physical binder, serve as the official record of the discussions held, decisions made, and actions approved by the board. They provide a historical account of the company's governance and are often required for legal compliance.