Legal Definitions - recordation

Recordation refers to the formal act of submitting a legal document to a designated public office, typically a county recorder's or clerk's office, so that it becomes part of the official public record. This process makes the information contained in the document accessible to anyone who searches these public records. The primary purpose of recordation is to provide public notice of a legal interest in property, thereby protecting the rights of the person who filed the document against future claims or transactions involving the same property.

• Imagine a homeowner hires a roofing company for repairs. If the homeowner fails to pay the agreed-upon amount, the roofing company might file a "mechanic's lien" against the property. The recordation of this lien in the county's public records serves as a public warning that the property has an outstanding debt associated with it. This protects the roofing company by making their claim visible to potential buyers or lenders, who would then be aware of the lien before completing any transaction.

• Consider a situation where a local water utility needs to run a new pipeline across a private landowner's backyard to serve a new development. The utility company would obtain an "easement" – a legal right to use a portion of the land for a specific purpose. The recordation of this easement ensures that anyone purchasing the property in the future will be aware of the utility's right to access that part of the land, even if the original agreement was made years ago. It prevents future owners from unknowingly interfering with the utility's infrastructure.

• Suppose someone wins a significant monetary judgment in a lawsuit against an individual who owns real estate. To help ensure they can collect the money, the winning party can take that court judgment and have it formally filed with the county recorder. This act of recordation transforms the judgment into a "judgment lien" against the defendant's property. This means that if the defendant tries to sell or refinance their property, the recorded lien will appear in a title search, making it clear that the judgment must typically be satisfied before the property can be freely transferred.