In the real estate industry the term that pertains to the sequence of a property’s transfers is known as a chain of title. Sometimes referred to as an abstract of title, the document is listed in chronological order. It starts with the most recent transaction and then it traces the title from its current owner back, over the course of time, to the original owner.
Why Is A Chain of Title Necessary?
Any time that a piece of property is resold a chain of title must be used in order to guarantee the property owner’s right to sell the property to someone else.
A chain of title often needs to be reconstructed in order to document that ownership. There are a number of different documents that could require chains of title. They include judgments of distribution from estates, notations of deeds, certificates of death of a joint tenant, foreclosures, and other documented transfers of title that pertain to real property.
That data is usually found in either a civil law notary or a registry office. The office of the county registrar of deeds or the county clerk usually has the data that is needed to conduct the research that is necessary to establish the chain of title.
These documents are also used to settle different types of conflicts such as timber, farming and hunting rights. In addition, easements, which are used to grant one party the right to utilize another person’s property for a specific intention, can be established via a chain of title report. One example of an easement would be when people in adjacent properties need to share a common entry or exit route such as a path or a driveway.
In addition to pertaining to real estate transactions, chains of title are used to establish the proprietary rights to intellectual properties such as the rights to films, pieces of music and other material that is sheltered with a copyright.
The establishment of the chain of title for an intellectual property is often considerably more complex and a bit more involved than it is for real estate transactions. First, it is necessary to verify the copyright of intellectual properties in order to prove the ownership of any musical composition or literary work. It the copyright of a film has been established and if the film has been shot with live talent then the actors will need to sign a release that will permit the film’s owners to commercially distribute their likenesses.
If the movie is animated or if it is choreographed then the artists must also sign a release so that the work can be publicized and commercially distributed.
Because so much research is involved when tracing the ownership of property in the United States, instead of trying to do it themselves, many people opt to hire an established and trusted company to provide the chain of title research report that they need.
If you need a Chain of Title Search that is accepted as a standard historical source go to http://www.edrnet.com/environmental-services/other-historical-environmental-reports/chain-of-title-search