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Simple English definitions for legal terms
root of title
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A quick definition of root of title:
Root of title: The starting point for investigating the ownership history of a piece of land. It is a recorded transaction that is usually at least 40 years old. This helps to establish a clear chain of ownership, which is important when buying or selling property.
A more thorough explanation:
Definition: The root of title is a recorded land transaction that is used to start a title search. It is usually at least 40 years old and shows the original transfer of ownership of the property.
Example: If you want to buy a house, you need to make sure that the seller has a clear title to the property. To do this, you would start by looking at the root of title, which is the first recorded transaction for the property. For example, if the root of title shows that the property was originally sold by John Smith to Jane Doe in 1950, you would then look at all the subsequent transactions to make sure that the title has been properly transferred from owner to owner.
Explanation: The example illustrates how the root of title is used to begin a title search. By looking at the first recorded transaction, you can trace the ownership of the property over time and make sure that there are no liens, encumbrances, or other issues that could affect the seller's ability to transfer clear title to you as the buyer.