The sequence of transfers of title to a property is called as the chain of title, a word used in the real estate business. The chain is historical and is established in reverse order, tracing from the current owner back to the original owner. Many times ownership must be documented and reconstructed via a registry office or civil law notary.
Some types of documents that may require chains of title are: notations of deeds, judgments of distribution from estates, certificates of death of a joint tenant, foreclosures, judgments of quiet title, and other recorded transfers of title to real property.
A chain of title also refers to a chronicle of the transfer of ownership to intellectual property, which can be used to exhibit the proprietary rights to a film, piece of music, or other materials protected under the umbrella of copyright.
The archives of the county clerk or the registrar of deeds usually contain the data that is needed in order to research and determine a chain of title. This record is needed to legally determine that the present owner of a piece of property has the absolute right to sell it, and it must be corrected each time the property changes hands.
Abstract of title is synonymous with chain of title. Financial damage or liability due to errors in the title report is protected by title insurance, which in turn cannot be granted lacking the establishment of a chain of title. The document will have legal language which may need some help interpreting, with words like "encumbrances" and "conveyances."
Arguments concerning particular rights to a property, like hunting, farming, or timber rights can be resolved with a chain of title document. Also easements, which grant another party the legal utilization of the property for a specific purpose, can also be set by means of a chain of title report. A neighboring property that shares a driveway with the owner of another property depicts the concept of an easement.
The ownership of intellectual property is a more complex issue as it involves more than providing a document to prove chain of title. Copyright verification is always required to prove ownership of any literary work or musical composition. In the case of films and movies, participating actors are asked to sign a release that allows the commercial distribution of their likeness. Choreographers and animation artists as well are asked to discharge the right of promotion to their works.
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