Abstract Of Title in United States

Practical Information

Note: Some of this information was last updated in 1982

Evidence of title (in U.S. law) to real property (in U.S. law). An abstract is a condensed history of the ownership of or rights in a particular tract of land. It consists of a summary of the material parts of every recorded instrument affecting the title. It begins with a description of the land covered by the abstract and then shows the original government grant and all subsequent deeds, mortgages, releases, wills, judgments, mechanics’ liens, foreclosure (in U.S. law) proceedings, tax sales, and other matters affecting title. The abstract concludes with the abstractor’s certificate. A contract of sale (in U.S. law), often called a purchase and sale agreement, frequently provides that the seller shall furnish an abstract of title. This usually means that he or she will give the purchaser an abstract of title certified immediately before the closing of the sale. The original abstract is sent to the abstract company and the company recertifies its accuracy and brings it down to date.

Paying the abstractor

When abstract continuations are typed in the law office, the secretary should keep a close record of the continuations so the abstractor may be paid. An arrangement should be made with the abstractor as to how often he or she is to be paid, for example, once a week or the first of the month. A simple method is to use a 3 by 5inch card with columns for debit, credit, and balance. Frequently, however, payment is included as part of the closing costs and is thus handled immediately after the completion of the real estate transaction.

Number and filing continuations

When continuations are typed in the law office, or when title opinions are given on abstracts, a numbering system should be used to facilitate filing the continuations and/or title opinions and retrieving them. This can be done by the use of 3 by 5inch index cards.

When the real estate is subdivided real estate or is part of an addition to a city or township, type at the top of the card the name of the subdivision or the addition, and beneath it type each continuation or opinion according to block and lot number. In the case of rural real estate, set up a separate card for each section showing the section, township, and range in numerical sequence. Then, for example, to determine if a continuation or an opinion has been done on the geocode, you simply go to the card on that section, township, and range, and any continuations or opinions will be noted there by reference to the file where they are kept. The actual copies of the continuations or opinions should thus be maintained in separate files with only a cross-reference on the index card.

Some index systems are set up under the owners’ names. However, since real estate has become such a marketable commodity, in many areas the ownership of real estate changes so rapidly that it is sometimes difficult to keep ownership records updated. Also, simply by checking the current opinion or continuation, you can determine the ownership of the property.

(Revised by Ann De Vries)

What is Abstract Of Title?

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Abstract Of Title

Abstract Of Title in United States

Practical Information

Paying the abstractor

Number and filing continuations

What is Abstract Of Title?

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