Alex Denne
Growth @ Genie AI | Introduction to Contracts @ UCL Faculty of Laws | Serial Founder

Draft an Unbroken Epitome of Title

9 Jun 2023
25 min
Text Link

Note: Links to our free templates are at the bottom of this long guide.
Also note: This is not legal advice

Introduction

Having an accurate summary of a property’s legal history is essential for any owner, buyer, or seller. An unbroken epitome of title provides this information in a concise and easily accessible way - it is essentially a summarised record of all documents that make up the chain of title for a given property. Without one, the current owner may be exposed to potential legal disputes or other issues that could cost them money or even put their ownership in jeopardy.

At Genie AI, we understand the importance of having an unbroken epitome of title and so provide free templates within our extensive open source legal template library. This library holds millions of data points to ensure users can draft market-standard documents with ease - no expert knowledge required! We also provide step-by-step guidance on how to access our templates and use them to create comprehensive summaries ensuring any potential problems are avoided.

In addition to protecting against future disputes, an unbroken epitome of title provides valuable insight into the history of a property. It contains important details such as previous owners, lien information and any encumbrances that may exist in relation to it - all invaluable details when making purchasing decisions.

Furthermore, an unbroken epitome of title creates confidence that the current owner is indeed the rightful owner by proving that they have acquired their rights through proper channels and without fraud or misrepresentation. As such, it serves as proof against possible challenges by third parties who may claim rights over the same property - something which can prove costly if not addressed early on with accurate records.

In short, having an unbroken epitomeof title is essential for protecting ownership rights - whether you’re buying or selling a property. While having an up-to-date summary does require some work on behalf both buyers and sellers alike; Genie AI’s free template library offers easy access to market-standard documents meaning you don’t have to be an expert in order to craft one yourself! So why not read on below for our step-by-step guidance and learn how you can access our template library today?

Definitions

Chain of Title: An outline of a property’s ownership history from its original source of title to the present day.

Original Source of Title: The document or deed that establishes the legal owner of the property.

Property Records: Public records maintained by local governments that may include information such as deeds, mortgages, and property tax bills.

Title Documents: Legal documents that establish ownership of the property, typically including deeds, mortgages, and liens.

Verifying Chain of Title: Checking the chain of title to ensure accuracy, which may include researching historical records.

Analyzing and Resolving Legal Issues: Investigating and solving legal issues related to the title, which may involve researching applicable laws and regulations.

Investigating Title Disputes: Examining title documents to identify potential issues and determine if a defect exists.

Researching and Resolving Boundary Disputes: Examining survey maps and consulting with experts to determine the exact boundaries of the property.

Collecting and Organizing Relevant Documents: Obtaining title documents and collecting other pertinent records.

Reviewing and Evaluating Title Documents: Examining documents for accuracy, identifying potential title defects, and resolving discrepancies.

Preparing Title Abstracts: Providing a summary of all relevant title documents.

Preparing Title Summaries: Offering a concise overview of the title documents.

Preparing Title Opinions: Giving a legal opinion of the title documents.

Writing Title Insurance Policies: Drafting policies to protect against any potential title defects or disputes.

Calculating Premiums: Working out the cost of title insurance.

Updating Property Records: Filing new documents or amending existing records.

Updating Title Abstracts: Preparing new abstracts or amending existing ones.

Updating Title Summaries: Preparing new summaries or amending existing ones.

Contents

  1. Understanding the importance of a continuous chain of title
  2. Identifying and researching the original source of title
  3. Searching property records
  4. Examining title documents
  5. Verifying chain of title
  6. Verifying the accuracy of information and documents
  7. Researching applicable laws and regulations
  8. Examining historical records
  9. Establishing the timeline of ownership
  10. Identifying all previous owners of the property
  11. Determining the sequence of transactions
  12. Documenting all transfers of title
  13. Resolving any title defects or disputes
  14. Analyzing and resolving legal issues
  15. Investigating title disputes
  16. Researching and resolving boundary disputes
  17. Collecting and organizing all relevant documents
  18. Obtaining title documents
  19. Collecting and organizing all relevant documents
  20. Reviewing and evaluating title documents
  21. Examining documents for accuracy
  22. Identifying potential title defects
  23. Resolving discrepancies
  24. Finalizing the unbroken epitome of title
  25. Preparing title abstracts
  26. Preparing title summaries
  27. Preparing title opinions
  28. Preparing and issuing title insurance
  29. Writing title insurance policies
  30. Calculating premiums
  31. Maintaining and updating the epitome of title
  32. Updating property records
  33. Updating title abstracts
  34. Updating title summaries

Get started

Understanding the importance of a continuous chain of title

  • Understand why a chain of title is important and how it can affect ownership of a property
  • Research the purpose of a chain of title and what it entails
  • Learn about the legal principles of ““title theory”” and how it relates to a chain of title
  • Analyze any applicable laws and regulations related to a chain of title
  • Recognize the consequences of an incomplete or broken chain of title
  • When you have a thorough understanding of the importance of a continuous chain of title, you are ready to move on to the next step.

Identifying and researching the original source of title

  • Gather any existing documents related to the title, such as deeds, mortgages, and other forms of public records.
  • Research the title’s origin by utilizing local government sources or other public records to confirm ownership and origin of the title.
  • Contact relevant parties and ask them for any relevant documents related to the title.
  • Analyze the title to determine its history and any possible defects, such as liens, encumbrances, or other restrictions.
  • When you have identified the original source of the title and have analyzed it, you can move on to the next step.

Searching property records

  • Search the local land records office or county records office for the property you’re researching using the address, legal description, or owner’s name.
  • Check for mortgages, lien notices, and other filings related to the property.
  • Look for documents that could affect the title such as deeds, probate records, judgments, tax liens, and marriage records.
  • Examine the chain of title to identify any gaps or inconsistencies in the property’s history.
  • When you’ve found all the relevant documents, you can move on to the next step: examining title documents.

Examining title documents

  • Review the title documents to ensure that the chain of title is unbroken
  • Check for any potential gaps in the chain of title
  • Look for any discrepancies between the deed and the title document
  • Verify that all necessary documents are included in the chain of title
  • Confirm that the seller has the right to sell the property
  • Make sure the deed is properly notarized

When you can check off this step:
You can check off this step when you have completed the review of the title documents and have confirmed that the chain of title is unbroken without any gaps or discrepancies.

Verifying chain of title

  • Check the chain of title of the property to ensure that it is unbroken, with no missing links or gaps in the chain.
  • Verify that the title documents of the property have been properly recorded in the county recorder’s office.
  • Obtain copies of the title documents for each transfer of the title to the current owner.
  • Identify any discrepancies with the title documents, such as incorrect names or description of the property.
  • Check for liens or judgments that have not been released.
  • Check for any legal issues that might affect the title of the property.

When this step is complete, you can check it off your list and move on to the next step of verifying the accuracy of the information and documents.

Verifying the accuracy of information and documents

  • Obtain all relevant documents, such as deeds, mortgages, and leases, from the title company
  • Carefully review the documents to make sure all information is accurate, including the names of the parties involved, the property description, and the dates of transaction
  • Verify that any additional documents related to the property, such as bankruptcy filings, easements, and liens, are present and accurate
  • Ensure that the documents have been properly signed and notarized
  • If any discrepancies are found, contact the title company to resolve them
  • Once the accuracy of all documents and information has been verified, you have completed this step and can move on to the next step of researching applicable laws and regulations.

Researching applicable laws and regulations

  • Gather all applicable laws and regulations regarding the title of the epitome
  • Check relevant websites, such as the state’s department of records, for any updated laws
  • Use online search tools to find additional laws and regulations related to the title of the epitome
  • When you have a complete list of all applicable laws and regulations, review them to ensure accuracy and make notes of any changes that need to be made
  • Once all laws and regulations have been reviewed and updated, you can check this off your list and move on to the next step.

Examining historical records

  • Collect all relevant documents, including deeds, tax records, and other official documents that are related to the property in question.
  • Look for title abstracts, survey reports, and other title-related documents that may provide more information about the property.
  • Analyze all documents to identify the chain of title and determine who has owned the property over the years.
  • Identify any potential gaps in the chain of title, such as property transfers that are not properly recorded.
  • Double-check all information with other documents or records as needed to confirm accuracy.

When you can check this off your list: You can move on to the next step when you have gathered all the documents, identified the chain of title and checked for any potential gaps in the chain of title.

Establishing the timeline of ownership

  • Gather all available records of the property’s history, such as deeds, mortgages, and other documents.
  • Create a timeline of ownership, starting with the earliest owner and going up to the present day.
  • Make sure to include all owner information, including names, dates of ownership, and the nature of their ownership.
  • Check that all records are consistent and accurately reflect the history of the property.
  • Once the timeline is complete and all records are verified, you can move on to the next step.

Identifying all previous owners of the property

  • Gather deeds, wills, and other official records that list the owners of the property
  • Search for land records at the county courthouse or through online databases
  • Ask family members and other local resources if they have any knowledge of the property’s past owners
  • Review the records to identify all the previous owners of the property and make a list of them
  • Check off this step when you have a complete list of all the previous owners of the property.

Determining the sequence of transactions

  • Research the applicable county records and property documents to determine the sequence of title transfers.
  • Look for title transfers that have been recorded since the property’s original acquisition.
  • Establish the chronological order of title transfers from the original owner to the current owner.
  • Make sure all of the recorded title transfers are reflected in the order of title transfers.
  • Pay close attention to any gaps in the order of title transfers.
  • Once you have established the chronological order of title transfers, you can move on to the next step.

Documenting all transfers of title

  • Gather all documents that prove each transfer of title in the chain of title
  • Obtain copies of deeds, mortgages, leases, court orders, death certificates, and other documents that could be relevant to the title
  • Make sure to include all the original documents, or certified copies if originals are unavailable
  • Carefully review each document and make sure all the details are accurate
  • Once you have collected all the necessary documents, you have documented all transfers of title
  • Now you can move on to the next step of resolving any title defects or disputes.

Resolving any title defects or disputes

  • Examine all documents related to the title, including deeds, mortgages, liens, tax records, judgments, and other encumbrances
  • Check for discrepancies between the current ownership information and the title documents
  • Determine if any title defects, such as forgeries or missing signatures, exist
  • Investigate any title disputes or boundary line issues that may be present
  • Contact a local title company to run a title search
  • Consult with an attorney to determine the best course of action to resolve the title defects and disputes
  • Take the necessary steps to clear any title defects or disputes
  • Keep records of all documents and transactions related to the title
  • Once all title defects or disputes have been cleared, you will have completed this step and can move on to the next step in the process.

Analyzing and resolving legal issues

  • Review the chain of title to identify any legal issues
  • Verify whether any legal documents or court decisions may affect the title
  • Research all applicable laws in relation to the title
  • Consult with a qualified legal professional if necessary
  • Make any necessary changes to the title to ensure that it is legally sound
  • Update any related paperwork as needed
  • Once all legal issues are resolved, the title is ready for closing
  • Check off this step and move on to the next step of Investigating title disputes.

Investigating title disputes

  • Examine the chain of title to identify any potential title issues
  • Analyze the title documents to determine whether any prior title issues could cause a dispute in the current title
  • Investigate any prior title issues, such as liens, judgments, or encumbrances
  • Determine the validity of any title claims or disputes
  • Research the current market value of the property to ensure no title disputes will arise from discrepancies in the value
  • Consult with a real estate attorney or other legal professional to ensure all title issues are properly handled
  • Obtain a current title insurance policy to protect against any unknown title issues

Once all potential title disputes have been identified and addressed, you can check this off your list and move on to researching and resolving boundary disputes.

Researching and resolving boundary disputes

  • Get a copy of the recorded deed or warranty deed for the property.
  • Obtain a copy of the property survey if available.
  • Contact the local county surveyor or assessor office to verify the boundaries of the property.
  • Research historical records, such as deeds and surveys, to determine the accuracy of the current boundaries.
  • Consult with a real estate attorney to discuss the legal boundaries of the property.
  • Reach an agreement with the parties involved in the dispute and record the agreement at the local county recorder’s office.

Once all of the above steps have been completed, you can move on to the next step in your title process.

Collecting and organizing all relevant documents

  • Gather all documents related to the title, including any surveys, maps, agreements, deeds, and court records.
  • Make copies of each document and label them with the date and source.
  • Organize the documents in chronological order.
  • Check for any missing documents or errors in the information.
  • Once all documents have been collected and organized, you are ready to move on to the next step.

Obtaining title documents

  • Contact the local land records office to obtain a copy of the title documents
  • Check the title documents for accuracy and completeness
  • Make sure to note any liens, mortgages, or other encumbrances
  • If the documents are accurate and complete, make a copy of them for your records
  • When you have obtained and verified the accuracy of the title documents, you can move on to the next step.

Collecting and organizing all relevant documents

  • Gather all documents related to title in one place
  • Make copies of all documents for easy reference
  • Create a timeline of events for an easier review of the title documents
  • Categorize documents into categories such as title history, deeds, mortgages, liens, judgments, and other documents
  • Make sure all documents are in chronological order
  • Ensure all documents are complete and legible
  • Record any discrepancies or errors for further investigation

Once you have collected and organized all the relevant documents, you can move on to the next step, which is reviewing and evaluating title documents.

Reviewing and evaluating title documents

  • Review document for accuracy, completeness and proper endorsements
  • Look for any defects in title such as liens, encumbrances, or discrepancies in deed
  • Cross-check deed and other documents with public records
  • Check for any discrepancies between documents
  • Compare current deed to title search to ensure accuracy
  • Verify prior deed in title search
  • When all documents and records have been reviewed and verified, move on to the next step.

Examining documents for accuracy

  • Examine the documents provided to ensure they are accurate and complete.
  • Check the documents for any errors, omissions, inaccuracies, or inconsistencies.
  • Compare the documents to the title search report to ensure they match.
  • Verify that all documents are properly executed and signed.
  • Confirm that all appropriate liens and encumbrances are listed.
  • Make sure that all document information is correct and up-to-date.
  • You can check this off your list when you have verified that all documents have been accurately prepared and contain all the necessary information.

Identifying potential title defects

  • Run a title search on the property to ensure it has clear title
  • Examine all deed documents in the chain of title for accuracy
  • Review all documents for proper execution and consistency
  • Identify any possible liens, judgments, taxes, or other encumbrances against the property
  • Identify any possible outstanding debt, such as mortgages, loans, or other obligations
  • Check to make sure all documents are properly signed by all parties
  • Check to make sure all documents are properly notarized
  • Look for any potential title defects that could affect the title to the property
  • Once you have identified any potential title defects, you can move onto the next step of resolving any discrepancies.

Resolving discrepancies

  • Review the list of potential title defects to determine which discrepancies must be resolved
  • Obtain a current survey and/or plat to identify boundary lines and any discrepancies with the title
  • Obtain a copy of the deed to identify discrepancies with the recorded title
  • Obtain a copy of any recorded easements or restrictions to identify any potential discrepancies
  • If a discrepancy is found, research the root cause and identify any corrective actions
  • Once all discrepancies have been identified and resolved, you can move onto the next step of Finalizing the unbroken epitome of title.

Finalizing the unbroken epitome of title

  • Confirm all recorded instruments are included in the unbroken epitome of title
  • Check all dates and details are accurately transcribed
  • Verify all the names of parties involved are correct
  • Check the legal description is accurate
  • Ensure any and all restrictions and encumbrances are noted
  • Make sure all property rights are understood and acknowledged
  • Ensure all endorsements are up to date
  • When all aspects of the unbroken epitome of title match the records, the step is complete and ready for the next step.

Preparing title abstracts

  • Read through the title of the unbroken epitome of title and summarize key points in a few sentences
  • Use the summary to write a title abstract which accurately describes the document
  • Ensure the title abstract is concise and to the point, capturing the core ideas without being overly wordy
  • Review and edit the abstract to ensure accuracy and readability
  • When you are confident the title abstract accurately summarizes the document, you can move on to the next step.

Preparing title summaries

  • Read the title abstracts for the paper and create a concise summary of the paper’s main points
  • Ensure the summary is accurate, clear and concise
  • Make sure the summary includes the paper’s main purpose, argument and findings
  • Check that the summary is no longer than two sentences
  • Once you have finalized the title summary, you can move on to the next step: Preparing title opinions

Preparing title opinions

  • Research applicable law to determine what is required for a valid title opinion
  • Draft an opinion letter outlining the status of the title
  • Provide a legal summary of the title’s current state
  • Identify any potential title defects
  • Describe any required steps to clear title
  • Check for any liens or encumbrances
  • Confirm the client’s authority to transfer title
  • When the title opinion is complete, it is ready to be issued.

Preparing and issuing title insurance

  • Obtain an appropriate title search and review the results to determine any title issues, liens, encumbrances, or other clouds on the title
  • Prepare the title insurance policy and any other required documents, such as endorsements
  • Issue the title insurance policy to the buyer or lender
  • Collect payment for the title insurance policy
  • You will have completed this step when the title insurance policy has been issued and collected payment.

Writing title insurance policies

  • Gather the information needed to create the title policy (title reports, survey, lien searches, etc.)
  • Prepare the title policy document, ensuring that all relevant information is included
  • Have the policy reviewed by the title insurance underwriter
  • Finalize the title policy and have it signed off by all relevant parties
  • File the title policy in the appropriate document repository

Once the title policy document is finalized, reviewed and signed off by all relevant parties, you can move on to the next step which is calculating premiums.

Calculating premiums

  • Gather all relevant documents, including the title search and legal description
  • Analyze the title search to determine any outstanding liens, encumbrances, or other restrictions that must be addressed
  • Calculate the premium for the title insurance policy based on the terms and conditions of the policy
  • Record the premium rate and all related information in the epitome of title
  • Review the premium calculation to ensure accuracy and completeness
  • When you have finished the calculation, check it off your list and move on to the next step: Maintaining and updating the epitome of title.

Maintaining and updating the epitome of title

  • Review and assess the current title documents to determine their accuracy and completeness
  • Obtain updated title documents from the appropriate county offices or agencies
  • Verify that all title documents are up-to-date and accurate
  • Ensure that any new title documents are properly recorded with the appropriate county offices or agencies
  • Update the epitome of title with the new title documents
  • Update the associated title searches with the new title documents
  • Ensure that all title documents are properly indexed
  • Confirm that all title documents are properly cross-referenced
  • Ensure that the title documents are in compliance with all applicable laws and regulations
  • Once all title documents are reviewed, updated, and indexed, the epitome of title can be considered complete and ready to be used.

Updating property records

  • Investigate the records at the county recorder’s office to determine if any changes have been made to the property since it was last reviewed.
  • Gather any documents or records related to the property and review them for accuracy.
  • Make any necessary updates to the epitome of title to ensure that all information related to the property is up-to-date and accurate.
  • Document any changes that have been made to the property since it was last assessed.
  • When all records have been updated and all changes recorded, check this step off the list and move on to the next step of updating title abstracts.

Updating title abstracts

  • Verify that all abstracts are present and up to date
  • Check that abstracts are accurate and complete, including a current owner and legal description
  • Update all abstracts with any changes such as new owner, legal description, and/or tax information
  • Run a title search to make sure that all liens, encumbrances, and other updates have been included in the abstract
  • Once all abstracts are updated and verified, mark this step as complete and move on to the next step: Updating title summaries.

Updating title summaries

  • Review current title summaries for accuracy and quality
  • Update existing title summaries to ensure accuracy and clarity
  • Use concise language and ensure summaries are no longer than 250 words
  • Ensure summaries accurately reflect the content of the title
  • List key words or phrases that reflect the title’s content
  • Check to make sure all updates are complete and accurate
  • When done, move on to the next step in the guide.

FAQ

Q: What is an Unbroken Epitome of Title?

Asked by Sam on August 8th 2022.
A: An Unbroken Epitome of Title is a legal document which is used to provide an unbroken chain of title (or ownership) for a certain property, asset or other item. It is typically used in cases where there are multiple owners or claimants of a certain asset, and it provides a clear and concise record of the entire timeline of ownership and transfer. In the UK, this document is usually referred to as an Abstract of Title and must be prepared by a qualified solicitor. In the US and other countries, it is sometimes referred to as a Certificate of Title or Chain of Title.

Q: Is an Unbroken Epitome of Title required for all properties?

Asked by Olivia on October 11th 2022.
A: No, an Unbroken Epitome of Title is not required for all properties. Generally speaking, it is only required in cases where there are multiple owners or claimants of a certain asset, such as when there has been a transfer of ownership or a dispute between two or more parties over the ownership of the property. Depending on the jurisdiction, there may be other requirements that must be met before an Unbroken Epitome of Title can be created.

Q: What are the steps involved in drafting an Unbroken Epitome of Title?

Asked by Emma on November 15th 2022.
A: The steps involved in drafting an Unbroken Epitome of Title will vary depending on the jurisdiction and laws that apply to the property or asset in question. Generally speaking, however, the process will involve gathering any relevant documents such as deeds, wills, and leases; researching any relevant case law; searching public records; and preparing a detailed summary of all the facts related to ownership and transfer that have taken place over time. It is also important to ensure that all legal requirements are met before finalizing the document.

Q: Are there any specific UK laws which must be taken into consideration when drafting an Unbroken Epitome of Title?

Asked by Noah on January 3rd 2023.
A: Yes, there are several UK laws that must be taken into consideration when drafting an Unbroken Epitome of Title. These include the Limitation Act 1980, which sets out time limits for challenging a title; The Land Registration Act 2002, which sets out rules for registering a title; The Land Charges Act 1972, which governs how search results should be returned; The Trusts Act 1925, which governs how trusts can be set up; and The Law of Property Act 1925, which sets out how interests in land can be created and transferred. It is important to ensure that these laws are adhered to when preparing your document.

Q: What kind of research must be done before drafting an Unbroken Epitome of Title?

Asked by Jacob on April 21st 2023.
A: Before drafting an Unbroken Epitome of Title it is important to do thorough research into any relevant documents such as deeds, wills and leases; any relevant case law; public records; and any other sources relevant to the property or asset in question. This research should include understanding what rights have been held over time and who has held them, as well as any restrictions or issues that might affect ownership or transfer rights going forward. Once this research has been completed it should be summarised in a concise but comprehensive way so that all relevant facts pertaining to ownership can be clearly understood by all parties involved.

Q: Is it possible to draft an Unbroken Epitome of Title without consulting a solicitor?

Asked by Mia on July 9th 2023.
A: While it is possible to draft an Unbroken Epitome of Title without consulting a solicitor, it is highly recommended that you seek professional legal advice before doing so. This is because drafting such documents requires extensive research into various laws that may apply to your particular situation, as well as detailed knowledge about how these laws interact with one another. A qualified solicitor will be able to advise you on any potential issues that might arise from your particular circumstances and ensure that your document meets all applicable legal requirements before it is finalized.

Q: Are there differences between UK vs EU vs USA jurisdictions when drafting an Unbroken Epitome of Title?

Asked by Elijah on October 21st 2023.
A: Yes, there are differences between UK vs EU vs USA jurisdictions when drafting an Unbroken Epitome of Title. For example, while UK law requires certain documents such as deeds and wills to be presented during a title search process in order to establish ownership rights over land or property, this may not necessarily apply in other jurisdictions such as those within the EU or US. Additionally, different countries may have different limitations on how much time can pass before challenging a title as well as different rules for registering titles with public records offices. It is important to consider these differences when preparing your document depending on where you are located and who owns the property in question.

Example dispute

Suing a Landlord for Unlawful Eviction

  • Plaintiff should raise a lawsuit referencing an epitome of title, which is a document used to identify the owner of a piece of real estate and is typically created during a sale of real estate transaction.
  • The plaintiff should be able to prove that the landlord was in fact the owner of the property, and that they unlawfully evicted the tenant without following the proper legal process.
  • The plaintiff must be able to show that they were in fact a tenant and that the landlord failed to give any notice or warning before the eviction.
  • Settlement could be reached by returning the tenant to their property, or potentially providing monetary compensation for damages incurred.
  • Damages could include lost wages, costs of moving, or any other expenses related to the eviction.

Templates available (free to use)

Epitome Of Title Unregistered Properties

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