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Q.What is Torrens or registered title?

A.In the U.S., there are two systems for analyzing real estate title: (1) abstract title and (2) the Torrens Title The abstract title system provides a summary of all deeds and other recorded instruments relating to a particular piece of real property. Either an attorney or a title insurance company can review the abstract to trace the lines of ownership and match mortgages with satisfactions of mortgages to determine who owns the property and what liens or encumbrances exist on the property.

In some states, the abstract title system is being replaced with the Torrens title system. Under the Torrens system, land is initially registered through a court proceeding and a government official examines the abstract of title to determine who owns the property. A court action is then commenced to obtain a decree of registration confirming that ownership, with notice being given to everyone in the chain of title who might have grounds to object. At the end of the court process, the property owner obtains a certificate of title to the property. The certificate is conclusive evidence as to the ownership of the property, and any liens or encumbrances must be recorded (or memorialized) on the certificate to be valid. When the property is transferred or sold, the old certificate of title is canceled and a new certificate is issued in the name of the new owner.




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