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FAQs on Property Records

To put it simply, property records are a set of legal documents and papers that contain important information about a property plot of land the term property records usually refers to the deed to the land which indicates who has the legal ownership of the property. This is usually through the recorder of deeds or County records department. The county records department is in office that maintains the records of all legal property transfers and important notes related to the property in a particular area.

For example, if there has been a purchase or sale of property such as an apartment, or a house, or a piece of land, then a note of the same needs to be recorded in the recorder’s office. The same process also happens if the property is transferred through a will.

Are property records free to view?

Property records are free for viewing, and many counties maintain and list the same on their respective websites. The information you can find out by searching for “property tax records” are:

The name of the current owner of the specified property.
Tax ID number or the parcel number.
The amount of taxes on the property and whether the taxes are paid.

Apart from that, dozens of websites offer to view of consumer information for specific properties for free. Many of them allow even better focus search by allowing you to search by area by the size of the property and some also give data on unlisted homes that are not for sale. Some of them are –

Realtor.com
Zillow.com
Trulia.com
Vast.com
Oodle.com
eBay.com
CraigsList

Why are property records needed?

It is legally binding for any person who wants to buy or sell or is the current owner of the property to update the information about the said property with their respective counties. But what good does that do? Why are property records needed, you may ask? As with all legal matters, real estate ownership matters can be a real mess to sort. For instance, say you buy a property from someone without updating the records with your county. Months later, the previous owner of the property states that he never sold you the property and you own it illegally. In such cases, a legal document of the updated details of the property remains with the county, and you can prove yourself in a court of law.

This is just one of the instances which show the need for property records. Other kinds of disputes include-

Resolving boundary line disputes, wherein if there has been an encroachment on your property from a neighbor property.
It is also used to clarify easement rights and set down guidelines for the same.
Resolution of disputes over outstanding liens.
Issues regarding inheritances, wills and property shares.
Clarification of concerns regarding mortgages and property history.

Another instance where a dispute may arise and necessitate consultation is when a person cannot prove they are the true owner of the property. By law, if a person is not the true owner of the property, they cannot sell it. In such cases, a title search is done to make a list of previous and current owners of the property and determine who has the right to sell and come to an amicable conclusion.

What if there is no record of a particular property?

If the property records for a particular property are not available, a different approach is usually advised. Lack of property records can cause serious delays and cancellations in real estate transactions. In some cases, it may also be necessary to file for a quiet title proceeding in a court of law. A quiet title proceeding formally called “Action to quiet title” is a lawsuit brought in a court when there is a dispute with property ownership. It is used to establish a party’s title to the property, and thus used to “quiet” any claims or challenges to the ownership title. This allows the court to intervene and clarify disputes with property deeds or other records.

In some cases, other types of property documents can also be consulted to settle a property dispute. For example, information can be acquired from the owner’s tax history and estate documents to establish their title to the property.

Is a lawyer needed to handle the property records?

Property records are important because they aid to safeguard a person’s legal right to a property for future reference. They ensure smooth sale and purchase of the property. A lawyer would help you make the process more streamlined by handling the recording process for you. An attorney can help you research for property records, settle property disputes in a court, and also represent you in court if there are any claims or challenges to your title to the property. Sometimes a lawyer will help you with free property records viewing and understanding.

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