A Manual upon the Searching of Records and the Preparation of Abstracts of Title to Real Property
Paperback: 216
Publisher: Trieste Publishing
Language: English
ISBN: 9781760575601
Product Dimensions: 6.14 x 9.21 inches

A Manual upon the Searching of Records and the Preparation of Abstracts of Title to Real Property

Maskell E. Curwen

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The Real Estate Law allows for the diversity and complexity of land rights and restricts their transfer with such rigor that it makes an examination of title in a purchase, mortgage, or lease necessary to secure the property to the buyer, mortgagee, or tenant. A title consists of a series of documents to be executed with the solemnity prescribed by law, and facts not usually supported by documents in the United States, which show that the claimant is a person to whom the law gives property, as an heir or tenant in a dowry, and the like. A methodical statement of the content of these documents and facts, as well as evidence confirming them, constitutes an abstract. The purpose of this work is to indicate how this abstract should be written, to note the usual questions of law and the doctrine of equity that arise in the study of titles, and to briefly refer to general sources of information for a more complete explanation of the law. An attempt to expound the law of immovable property would not only go beyond our limits, but would also be incompatible with the intention of making this manual for real practice. It is advisable to point out, within the limits that allow the book to be pocketed, the points to which the lawyer's attention should be drawn when studying the title, and to refer to larger works for the training necessary to enable the lawyer to express his opinion on the title after having when the abstract is completed.

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