The Language of Real Estate – Learning Real Estate one word (or phrase) at a time…
Abstract of Title
A full summary of all consecutive grants, conveyances, wills, records, and judicial proceedings affecting title to a specific parcel of real estate, together with a statement of all recorded liens and encumbrances affecting the property and their present status.
The person preparing the abstract of title, called an abstracter, searches the title as recorded or registered with the county recorder, county registrar, circuit court, and/or other official sources.
The abstractor summarizes the various instruments affecting the property and arranges them in the chronological order of recording, starting with the original grant of title.
The abstract includes a list of public records searched and not searched in preparation of the report. In summarizing a deed in the chain of title, the abstracter might note the recorder’s book and page number, the date of the deed, the recording date, the names of the grantor and grantee, a brief description of the property, the type of deed, and any conditions or restrictions contained in the deed.
The abstract of title does not guarantee or ensure the validity of the title of the property. Rather, it is a condensed history that merely discloses those items about the property that are of public record; thus, it does not reveal such things as encroachments and forgeries. Therefore, abstracters are usually liable only for damages caused by their own negligence in searching the public records. (See certificate of title, chain of title, preliminary report, title insurance, title report.)
