Question

What is the function of recording a deed?

1) It removes all prior recorded encumbrances.
2) It gives constructive notice of ownership.
3) It causes title to pass.
4) It makes the deed valid.

Answer 1

The function of recording a deed is to give constructive notice of ownership and remove all prior recorded encumbrances.

Step-by-step explanation:

The function of recording a deed is to give constructive notice of ownership and remove all prior recorded encumbrances. When a deed is recorded, it becomes a matter of public record, which means that anyone who conducts a title search will be able to see that someone has claimed ownership of the property. This ensures that there are no conflicting claims or hidden encumbrances.

Recording a deed does not cause title to pass or make the deed valid. The passage of title occurs when the deed is delivered and accepted by the grantee, and a deed is valid as long as it meets the necessary legal requirements.