Database updated May 2015Chapter 222. Registration of Land Titles
Correlation Table
Summary
Scope:This chapter contains forms of certificates of title to land registered under a Torrens system, and forms relating to suchcertificates.
Treated Elsewhere:Abstracts of title and title insurance, see §§ 3:1 et seq.
Deeds, see §§ 87:1 et seq.
Lost and destroyed instruments, see §§ 169:1 et seq.
Mortgages and trust deeds, see §§ 179:1 et seq.
Real estate sales, see §§ 219:1 et seq.
Research References:
West's Key Number DigestWest's Key Number Digest, Deeds 1 et seq.West's Key Number Digest, Mortgages 1 et seq.West's Key Number Digest, Property 1 et seq.West's Key Number Digest, Quieting Title 1 et seq.West's Key Number Digest, Records 1 et seq.
A.L.R. LibraryA.L.R. Index, Abstracts of TitleA.L.R. Index, Lost or Destroyed InstrumentsA.L.R. Index, Quieting TitleA.L.R. Index, Records and RecordingA.L.R. Index, Title and OwnershipA.L.R. Index, Title ExaminationA.L.R. Index, Torrens SystemWest's A.L.R. Digest, Abstracts §§1 et seq.West's A.L.R. Digest, Lost Instruments §§1 et seq.West's A.L.R. Digest, Records and Recording Laws §§1 et seq.What Is "Mobile Home," "House Trailer," "Trailer House," or “Trailer" Within Meaning of Restrictive Covenant, 83 A.L.R.5th651Change in character of neighborhood as affecting validity or enforceability of restrictive covenant, 76 A.L.R.5th 337
Negligence in preparing abstract of title as ground of liability to one other than person ordering abstract, 50 A.L.R.4th 314Defects affecting marketability of title within meaning of title insurance policy, 18 A.L.R.4th 1311What constitutes a charge, encumbrance, or lien within contemplation of title insurance policy, 87 A.L.R.3d 764Liability of attorney for negligence in connection with investigation or certification of title to real estate, 59 A.L.R.3d 1176
Legal EncyclopediasAm. Jur. 2d, Registration of Land Titles §§ 1 et seq.
Trial StrategyReal-Estate Seller's Claims for Relief for Fraudulent Concealment of Identity of True Purchaser of Realty, 63 Am. Jur. Proofof Facts 3d 257Real Estate Purchaser's Rights and Remedies Where Seller Is Unable to Convey Marketable Title, 52 Am. Jur. Proof of Facts3d 429Proof of Title Insurance Claims, 38 Am. Jur. Proof of Facts 3d 389Attorney Malpractice in Real Estate Transaction, 27 Am. Jur. Proof of Facts 3d 353Ancient Documents, 50 Am. Jur. Proof of Facts 2d 321Intent of Parties to Ambigous Deed, 46 Am. Jur. Proof of Facts 2d 695Change in Chracter of Residential Neighborhood, 41 Am. Jur. Proof of Facts 2d 729Agreement of Adjoining Landowners Fixing Common Boundary, 34 Am. Jur. Proof of Facts 2d 317Voluntary Grantor's Mistake in Conveying More Than Was Intended, 17 Am. Jur. Proof of Facts 2d 283Inability to Clear Objectionable Title, 5 Am. Jur. Proof of Facts 2d 507Warranty Deed Intended as Mortgage, 4 Am. Jur. Proof of Facts 2d 567Grantor's Intent That Grantee Hold Realty in Trust, 4 Am. Jur. Proof of Facts 2d 41Resolving Real Estate Disputes Through Arbitration, 79 Am. Jur. Trials 159Handling Title Insurance Claims, 15 Am. Jur. Trials 467Preparing and Using Maps, 2 Am. Jur. Trials 669Locating Public Records, 2 Am. Jur. Trials 409
FormsAm. Jur. Pleading and Practice Forms, Registration of Land Titles §§ 1 et seq.
Database updated May 2015Chapter 222. Registration of Land Titles
I. General Considerations
Summary Correlation Table
§ 222:1. Introductory comments
The registration of land titles under the Torrens system is derived from statutes first enacted in South Australia in 1858. Thesystem is named for Sir Robert Torrens, who developed and caused the enactment of the first registration law. This prototypeof present-day land registration statutes is said to be modeled on the Merchants Shipping Acts, with which Sir Robert became
familiar as commissioner of shipping. 1 Statutes providing for the registration of land titles have the common objective of
establishing a simple and accurate method of determining and maintaining land titles. 2
The Torrens acts all establish a system of the registration of titles to land, by which the official certificate will always showthe state of the title and the person in whom it is vested. In other words, the purpose of a Torrens act is to secure by decreeof court a title to land impregnable against attack, to make a permanent and complete record of the exact status of the title,with all liens, encumbrances and claims against it, and to protect the registered owner against all claims or demands not notedon the book for the registration of titles. The purpose of a Torrens-act proceeding is to simplify title and eliminate questions
that no longer affect it. 3
In the jurisdictions that have enacted Torrens laws, the system is voluntary and exists parallel with the recording system. Oncetitle to a parcel of land has been registered under a Torrens statute, however, all instruments affecting title to the registered land
must be dealt with in accordance with the provisions of the Torrens statute. 4
Legal EncyclopediasDerivation, historic background, and purpose of Torrens system of land title registration. Am. Jur. 2d, Registration of Land Titles § 1
2Legal EncyclopediasTorrens system as outgrowth of need for simple and accurate method of land title determination. Am. Jur. 2d, Registration of Land
Titles § 1
3Legal EncyclopediasPurpose of Torrens acts; Torrens proceedings. Am. Jur. 2d, Registration of Land Titles § 1
4Legal EncyclopediasKinds of interests or estates in land that may be registered. Am. Jur. 2d, Registration of Land Titles § 5
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II. Certificates of Title; Affidavits
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§ 222:2. Form drafting guide
The land registration statutes in those jurisdictions that have adopted the Torrens system provide for the making and entry, in
the office of the registrar of titles, of a certificate of title on the first registration of title. 1 The certificate is entered pursuant to
judgment of the court that has heard the application or petition for registration. 2
At the time of entry of the certificate, a duplicate is made and delivered to the owner. Subsequently, transfers of the land requirea surrender of the owner's certificate and the making and entry of new certificates of title and new duplicates.
Reminder:
The applicable statute should be consulted in any case for the required content of a certificate of title, whether the first or asubsequent certificate.
If only a part of registered land is conveyed, the existing certificate is cancelled and new certificates are issued, first to thetransferee to cover the transferee's portion of the property, and second to the original owner to cover the portion of the property
remaining in his or her ownership. 3
Permanent records are maintained with respect to all transactions affecting the registered land. Certificates are normally
numbered consecutively. 4
Encumbrances, charges and other matters and transactions affecting registered land not amounting to a conveyance are shownas notations or memorials on the existing certificate of title.
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II. Certificates of Title; Affidavits
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§ 222:3. Certificate of title—First certificate—General form
CERTIFICATE OF TITLE
FIRST CERTIFICATE
NO. [NUMBER OF CERTIFICATE]
Registered [Time of Registration], [Date of Registration]
[Name of Title Registration Office]
[Name of state]ss
[Name of county]
I certify that [name of owner], of [address of owner], who is [married to [name of spouse]/unmarried] [OPTIONAL:, and aminor of the age of [age of owner] years/[description of other disability]], is the owner [in fee simple/[other type of title]] of thefollowing-described land situated at [street address of real property], [name of city], [name of county], [name of state]: [Legaldescription of real property]. Such ownership is subject to the estates, easements, encumbrances, liens and charges noted underthis certificate by memorial, and none other.
Witness my hand and official seal of office on [date of execution].
_____________ [Name of official][Title of official][Seal]
Notes
Drafter's Notes
The applicable statute should be consulted in any case for the required content of a certificate of title, whether the first or asubsequent certificate.
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II. Certificates of Title; Affidavits
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§ 222:4. Certificate of title—First certificate—Multiple owners
CERTIFICATE OF TITLE
FIRST CERTIFICATE
NO. [NUMBER OF CERTIFICATE]
Registered [Time of Registration], [Date of Registration]
[Name of Title Registration Office]
[Name of state]ss
[Name of county]
This is to certify that [name of owner 1], residing at [address of owner 1], and [name of owner 2], residing at [address ofowner 2], are now the owners of an estate [in fee simple/[other type of title]] as [tenants in common/joint tenants with right ofsurvivorship/tenants by the entirety] in the land situated at [street address of real property], [name of city], [name of county],[name of state], and particularly described as follows: [legal description of real property]; subject only to the encumbrances,liens, estates, interest and other matters set forth in the [notations/memorials] following and attached to this certificate; subjectfurther to the exceptions and qualifications set forth in [citation of local Torrens statute].
This first certificate of title is made and entered pursuant to judgment of [name of court] on [date of judgment].
I have set my hand and affixed the official seal of my office on [date of execution].
_____________ [Name of official][Title of official][Seal]
Notes
Drafter's Notes
The applicable statute should be consulted in any case for the required content of a certificate of title, whether the first or asubsequent certificate.
Database updated May 2015Chapter 222. Registration of Land Titles
II. Certificates of Title; Affidavits
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§ 222:5. Certificate of title—First certificate—Trustee as registered owner
CERTIFICATE OF TITLE
FIRST CERTIFICATE
NO. [CERTIFICATE NUMBER]
Registered [Time of Registration], [Date of Registration]
[Name of Title Registration Office]
[Name of state]ss
[Name of county]
Title to the land referred to and described in this certificate is registered in this office as provided by [citation of local Torrensstatute] to [name of trustee], as trustee, with power to sell and power to mortgage as set forth in the [declaration of trust/trustagreement] recorded in [name of public records office] of [name of county], [name of state], at Liber [number of book], page[number of page]; a certified copy of which is filed and registered in this office as No. [registration number of trust document].
The trustee above-named is the legal owner of the fee title in the following-described real property, situated at [street addressof real property], [name of city], [name of county], [name of state]: [legal description of real property].
The [residence/principal office within this state] of the trustee above-named is [street address of trustee], [name of city], [nameof county], [name of state].
This is Certificate of Title No. [number of certificate of title], made and entered pursuant to judgment of [name of court] at[time of registration] on [date of registration].
Witness the hand and seal of the [title of official] of the above-captioned county and state on [date of execution].
_____________ [Name of official][Title of official][Seal]
The applicable statute should be consulted in any case for the required content of a certificate of title, whether the first or asubsequent certificate.
West's Key Number Digest
West's Key Number Digest, Records 9
Legal Encyclopedias
Judgment and decree in land registration proceeding as foundation of title registration. Am. Jur. 2d, Registration of Land Titles§ 20
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II. Certificates of Title; Affidavits
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§ 222:6. Certificate of title—First certificate—Individual certificate to one of several owners
CERTIFICATE OF TITLE
FIRST CERTIFICATE
NO. [CERTIFICATE NUMBER]
Registered [Time of Registration], [Date of Registration]
[Name of Title Registration Office]
[Name of state]ss
[Name of county]
By virtue of judgment entered by [name of court] for [name of state], in [name of county], on [date of entry of judgment], at[time of entry of judgment], of that date, I certify that title in fee simple in and to the following-described parcel of land, situatedat [street address of real property], [name of city], [name of county], [name of state]: [legal description of real property], isregistered under the provisions of [citation of statute]; that [name of owner], [an unmarried person/a person married to [nameof spouse]], residing at [address of owner], is the owner of an undivided [fraction of interest] interest in such land, as [tenantin common/joint tenant] with the other owners of such land.
Title to the above-described land is subject only to the encumbrances, liens, conditions, limitations, and matters as set forthin the [notations/memorials] following and attached to this certificate, and to statutory exceptions as provided in the [citationof statute].
Witness my hand and seal of office at [name of city], [name of county], [name of state], on [date of execution], at [time ofexecution].
_____________ [Name of official][Title of official][Seal]
The applicable statute should be consulted in any case for the required content of a certificate of title, whether the first or asubsequent certificate.
West's Key Number Digest
West's Key Number Digest, Records 9
Legal Encyclopedias
Interest in land subject to registration of title. Am. Jur. 2d, Registration of Land Titles § 5
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II. Certificates of Title; Affidavits
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§ 222:7. Certificate of title—Owner's duplicate
CERTIFICATE OF TITLE—OWNER'S DUPLICATE
Certificate No. [number of certificate]
[Name of state]ss
[Name of county]
I certify that [name of owner], of [address of owner], who is [description of marital status and minority or other disability],is the owner of the land situated at [street address of real property], [name of city], [name of county], [name of state], andparticularly described as follows: [legal description of real property]; subject to the estates, easements, encumbrances, liensand charges as set forth in the [notations/memorials] following and attached to this certificate, and to the statutory exceptionsprovided for in [citation of statute] as follows: [statement of statutory exceptions].
I have set my hand and official seal on [date of execution].
_____________ [Name of official][Title of official][Seal]
Notes
Drafter's Notes
The applicable statute should be consulted in any case for the required content of a certificate of title, whether the first or asubsequent certificate.
West's Key Number Digest
West's Key Number Digest, Records 9
Legal Encyclopedias
Procedure under land registration statutes. Am. Jur. 2d, Registration of Land Titles § 2Statutory provisions for subsequent transfers of registered land. Am. Jur. 2d, Registration of Land Titles §§ 2, 3
Database updated May 2015Chapter 222. Registration of Land Titles
II. Certificates of Title; Affidavits
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§ 222:8. Certificate of title—Receipt of owner's duplicate—Authentication of signature
RECEIPT
The undersigned, named as owner in Certificate of Title No. [number of certificate of title] registered in [name of titleregistration office] of [name of county], [name of state], acknowledges receipt of owner's duplicate of such certificate.
Dated and signed at [name of city], [name of county], [name of state], on [date of execution].
_____________ [Name of owner][Address of owner]
AUTHENTICATION
I certify that the foregoing receipt was personally signed before me by [name of owner] on the date and at the place stated; andthat I then delivered the owner's certificate referred to in the receipt.
Witness my hand and seal on [date of execution].
_____________ [Name of official][Title of official][Seal]
Notes
West's Key Number Digest
West's Key Number Digest, Records 9
Legal Encyclopedias
Statutory procedures under Torrens system. Am. Jur. 2d, Registration of Land Titles §§ 2 et seq.
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II. Certificates of Title; Affidavits
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§ 222:9. Certificate of title—Certification of payment of current taxes
[Name of state]ss
[Name of county]
I certify that all property taxes to and including the tax year [identification of tax year] have been fully paid on that parcelof real property, with improvements, situated at [street address of real property], [name of city], [name of county], [name ofstate], and described as follows: [Legal description of real property].
This certificate is issued pursuant to the requirements of [citation of statute] as a prerequisite to issuance of certificate of titleto the owner of the above-described real property.
Witness my hand and seal of office on [date of execution].
_____________ [Name of official][Title of official][Seal]
Notes
West's Key Number Digest
West's Key Number Digest, Records 9
Legal Encyclopedias
Compliance with statutory requirements as prerequisite to registration of land under Torrens Act. Am. Jur. 2d, Registrationof Land Titles § 7
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II. Certificates of Title; Affidavits
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§ 222:10. Petition or application to registrar of titles—To withdraw title of registered lands from registration
To: [Registrar of Titles/[Name of title registration office]] of [name of county], [name of state]
I, [name of owner], am the owner in fee simple of real property situated at [street address of real property], [name of city],[name of county], [name of state], and more fully described as follows: [legal description of real property]. The title to theabove-described property is registered under the provisions of [citation of statute] as Registered Title No. [number of registeredtitle] in the office of the [Registrar of Titles/[name of title registration office]] of [name of county], [name of state]. CertificateNo. [number of certificate] was issued to [petitioner/applicant] as owner.
I now [petition/make application] to have the title to the above-described real property withdrawn from the effect and operationof [citation of statute] for the purpose of restoring the same to its former status under the general laws and recording statutesof [name of state], and present to the [Registrar of Titles/[name of title registration office]] for cancellation the duplicateCertificate of Title No. [number of certificate of title].
The following persons, whose signatures appear below, have [joined in/consented to] this [petition/application]; such personsare all of the persons required by [citation of statute] to [join in/consent to] this [petition/application]: [name of interestedperson 1], [name of interested person 2] and [name of interested person 3].
Dated: [date of petition]
_____________ [Name of owner]_____________ [Name of interested person 1]_____________ [Name of interested person 2]_____________ [Name of interested person 3]
Notes
West's Key Number Digest
West's Key Number Digest, Records 9
Legal Encyclopedias
Withdrawal of title from registration. Am. Jur. 2d, Registration of Land Titles § 10Petition to withdraw title from registration. Am. Jur. 2d, Registration of Land Titles § 12
Database updated May 2015Chapter 222. Registration of Land Titles
II. Certificates of Title; Affidavits
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§ 222:11. Certificate of withdrawal of registered lands
CERTIFICATE OF WITHDRAWAL
Certificate No. [number of certificate]
[Name of state]ss
[Name of county]
This is to certify that [name of owner], of [address of owner], who is [married to [name of spouse]/unmarried], [OPTIONAL:[and a minor of the age of [age of owner] years/[description of other disability]]] is currently the owner of an estate [in feesimple/[other type of title]] of the following land situated at [street address of real property], [name of city], [name of county],[name of state], and more fully described as follows: [Legal description of real property].
The above-described land is registered under the provisions of [citation of statute] as Registered Title No. [number of registeredtitle] in the office of the [Registrar of Titles/[name of title registration office]] of [name of county], [name of state]. CertificateNo. [number of certificate] was issued to [name of owner], as owner.
[Name of owner], as the owner named in the above-described Certificate of Title No. [number of certificate of title], has filedwith the [Registrar of Titles/[name of title registration office]] of [name of county], [name of state], an application requestingthat the above-described land be withdrawn from the effect and operation of [citation of statute] and has presented to the[Registrar of Titles/[name of title registration office]] for cancellation owner's duplicate Certificate of Title No. [number ofcertificate of title].
The name of the registered owner of such land as shown by the Certificate of Title No. [number of certificate of title] is asfollows: [name of owner].
This application was [joined in/consented to] by all of the persons required by [citation of statute] to do so.
The undersigned, the [Registrar of Titles/[title of official]], certifies and declares that the above-described lands have been andare by this certificate withdrawn from the effect and operation of [citation of statute].
Witness the hand and seal of the undersigned, the [Registrar of Titles/[title of official]] of [name of county], [name of state],on [date of execution].
Database updated May 2015Chapter 222. Registration of Land Titles
II. Certificates of Title; Affidavits
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§ 222:12. Affidavit—Lost certificate of title
LOST CERTIFICATE AFFIDAVIT
[Name of state]ss
[Name of county]
Registered Title No. [number of registered title] in the office of the [Registrar of Titles/[name of title registration office]] of[name of county], [name of state].
Certificate No. [number of certificate] issued to [name of owner], as owner in fee, residing at [address of owner].
[Name of owner], being first duly sworn, states as follows:
1. [He/She] is the above-described owner in [fee simple/[other type of title]] of that certain parcel of real property situatedat [street address of real property], [name of city], [name of county], [name of state], and more fully described as follows:[Legal description of real property].
2. [He/She] resides at [address of owner].
3. On [date of issuance], there was issued and delivered to [him/her] from the office of the [Registrar of Titles/[name of titleregistration office]] of [name of county], [name of state], the above-described Certificate of Title No. [number of certificateof title], certifying affiant's title to the above-described property.
4. Certificate No. [number of certificate], as issued, remained in affiant's possession exclusively, but has been lost, misplacedor destroyed. Diligent search has been made, but affiant has been unable to discover the location of such certificate.
5. The Certificate No. [number of certificate] in the office of the [Registrar of Title/[name of title registration office]] of[name of county], [name of state], shows title to the property subject to the liens, encumbrances and other matters endorsedas memorials on such certificate and enumerated as follows: [description of liens, encumbrances and other matters endorsedas memorials on certificate].
6. Affiant further states that there is no other person or persons having knowledge of the circumstances of the loss, destructionor misplacement of Certificate of Title No. [number of certificate of title] and this affidavit is made for the purpose of inducing
[name of official], the [Registrar of Titles/[title of official]] of [name of county], [name of state], to issue an owner's certifiedcopy in place of the missing Certificate of Title No. [number of certificate of title], as provided by [citation of statute].
_____________ [Name of owner][Jurat]
Notes
Drafter's Notes
For forms of jurats, see §§ 13:1 et seq.
For other forms pertaining to lost instruments, see §§ 169:1 et seq.
West's Key Number Digest
West's Key Number Digest, Records 9
Legal Encyclopedias
Re-execution of lost instruments, generally. Am. Jur. 2d, Lost and Destroyed Instruments §§ 1 et seq.Statutory procedures under Torrens system. Am. Jur. 2d, Registration of Land Titles § 2
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§ 222:13. Affidavit—Change in marital status
MARITAL STATUS AFFIDAVIT
[Name of state]ss
[Name of county]
[Name of owner], being first duly sworn, deposes and says:
1. [He/She] is the owner [in fee simple/[other type of title]] of the land situated at [street address of real property], [name ofcity], [name of county], [name of state], and more fully described as follows: [Legal description of real property]. Such land isregistered in the office of the [Registrar of Titles/[name of title registration office]] of [name of county], [name of state]. Thepresent certificate of title to such land is Certificate No. [number of certificate]. Such Certificate No. [number of certificate]shows [name of owner] as the owner of such land, and as a single person.
2. On [date of marriage], [name of owner] was married to [name of spouse] in [name of city], [name of county], [name of state].
3. [Name of owner] makes this affidavit to enable the [Registrar of Titles/[title of official]] of [name of county], [name of state],to issue the certificate of title free and clear of all objections regarding marital status.
_____________ [Name of owner][Jurat]
Notes
Drafter's Notes
For forms of jurats, see §§ 13:1 et seq.
West's Key Number Digest
West's Key Number Digest, Records 9
Legal Encyclopedias
Procedure under land registration statutes. Am. Jur. 2d, Registration of Land Titles § 2
Database updated May 2015Chapter 222. Registration of Land Titles
III. Memorials on Certificate of Title
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§ 222:14. Introductory comments
Land registration statutes provide for entry in the registration records of all matters affecting title to the land described in acertificate of title. Such matters are entered as notations or memorials at the foot of and directly following the certificate itself.
Similar notations or memorials are also entered on the owner's duplicate. 1
As an encumbrance or restriction is terminated, appropriate entries are made on the certificate by the registrar of titles. Suchnotations or memorials are entered on original certificates of title and on subsequent certificates, to the extent that they remainapplicable.
It is important to consult the local statute with respect to the method of notation employed.
Database updated May 2015Chapter 222. Registration of Land Titles
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§ 222:15. Memorial or notation—Individual—Entry of mortgage or deed of trust
[Mortgage/Deed of trust] dated [[date of mortgage]/[date of deed of trust]], in favor of [mortgagee/beneficiary] against [all/aportion] of real property described in this certificate, is entered at [time of entry], on [date of entry]. Amount of encumbrance:$[dollar amount of encumbrance]. Original certified copy of security instrument filed in Book [number of book] of Registry,as Document No. [number of document]. Owner's duplicate certificate of title surrendered and entry made on the same [dateof entry].
Dated: [date of execution]
_____________ [Name of registrar]Registrar
Notes
West's Key Number Digest
West's Key Number Digest, Records 9
Legal Encyclopedias
Recordation of mortgages and other encumbrances, generally. Am. Jur. 2d, Records and Recording Laws §§ 48, 49Necessity of claim appearing on face of registry under Torrens act. Am. Jur. 2d, Registration of Land Titles § 10Transfers under title registration acts. Am. Jur. 2d, Registration of Land Titles §§ 2, 3
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§ 222:16. Memorial or notation—Individual—Entry of lease
Lease for [number of years] year(s) commencing [commencement date of lease], of [all/a portion of] the real property describedin this certificate, to [name of lessee] by instrument dated [date of lease], is entered on this certificate at [time of entry], [dateof entry]. Entered on owner's duplicate at the same hour and date.
Dated: [date of execution]
_____________ [Name of registrar]Registrar
Notes
West's Key Number Digest
West's Key Number Digest, Records 9
Legal Encyclopedias
Recordation of leases and assignments of leases, generally. Am. Jur. 2d, Records and Recording Laws §§ 50, 51Instruments qualified to be noted on certificate of title. Am. Jur. 2d, Registration of Land Titles § 10Transfers under title registration acts. Am. Jur. 2d, Registration of Land Titles §§ 2, 3
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§ 222:17. Memorial or notation—Individual—Entry of preliminary sale for delinquent taxes
[Certificate/Notice] of sale for delinquent taxes by [treasurer/ex officio tax collector/[title of tax official]] of [name of county],[name of state], entered on this certificate at [time of entry], on [date of entry]. Instrument filed in Book [number of book]of registry as Document No. [number of document]. Date of sale: [date of sale]. Total amount of taxes, penalties and interestfor which property sold: $[dollar amount of taxes, penalties and interest for which property sold]. Interest accrues at $[dollaramount of daily interest] per day on and after [date from which interest accrues]. Affects and relates to the real propertydescribed in this certificate of sale.
Notice of entry mailed to owner, with request for surrender by owner of duplicate certificate of title, on [date of mailing].
Dated: [date of execution]
_____________ [Name of registrar]Registrar
Notes
West's Key Number Digest
West's Key Number Digest, Records 9
Legal Encyclopedias
Recordation of tax deeds, generally. Am. Jur. 2d, Records and Recording Laws § 46Handling of title matters accruing subsequent to initial registration of land under Torrens system. Am. Jur. 2d, Registrationof Land Titles §§ 2, 3Transfers under title registration acts. Am. Jur. 2d, Registration of Land Titles §§ 2, 3
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§ 222:18. Memorial or notation—Individual—Partial transfer of property
Transfer by [deed/[type of instrument of transfer]] of a portion of the real property described in this certificate, dated [date ofinstrument of transfer], is entered on this certificate at [time of entry], on [date of entry]. Instrument of transfer, or certifiedcopy, filed in registry as Document No. [number of document]. Transferee is [name of transferee], of [address of transferee].
This certificate is cancelled and the duplicate held by owner surrendered and cancelled on [date of cancellation].
Certificate No. [number of certificate] issued to transferee.
Certificate No. [number of certificate] issued to owner for untransferred portion of property.
Dated: [date of execution]
_____________ [Name of registrar]Registrar
Notes
West's Key Number Digest
West's Key Number Digest, Records 9
Legal Encyclopedias
Recordation of deeds and other “conveyances,” generally. Am. Jur. 2d, Records and Recording Laws § 46Entry of transfers on certificate of title under Torrens act. Am. Jur. 2d, Registration of Land Titles §§ 2, 3
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§ 222:19. Memorial or notation—Individual—Transfer of whole of registered land
The real property described in this certificate, and the whole of the same, was transferred by [deed/[type of instrument oftransfer]] on [date of instrument of transfer], to [name of transferee]. Transfer entered on this certificate at [time of entry],on [date of entry].
This certificate was cancelled and the certificate held by owner surrendered and cancelled on [date of cancellation].
Transfer document is registered in Book [number of book] of Registry, as Document No. [number of document].
Certificate No. [number of certificate] is issued to transferee in lieu of this certificate. Duplicate of such certificate held by ownerwas issued and delivered to transferee and receipt for the same taken and entered as Document No. [number of document], on[date of issuance of duplicate certificate].
Dated: [date of execution]
_____________ [Name of registrar]Registrar
Notes
West's Key Number Digest
West's Key Number Digest, Records 9
Legal Encyclopedias
Recordation of deeds and other “conveyances,” generally. Am. Jur. 2d, Records and Recording Laws § 46Entry of transfers on certificate of title under Torrens act. Am. Jur. 2d, Registration of Land Titles §§ 2, 3
Database updated May 2015Chapter 222. Registration of Land Titles
III. Memorials on Certificate of Title
Summary Correlation Table
§ 222:20. Memorial or notation—Individual—Caveat of intention to create mortgage
A caveat has been filed by the owner of this certificate of title, bearing date of [date of caveat], declaring the intention of suchowner to mortgage the real property described in the certificate to [name of mortgagee], of [address of mortgagee], to secure thepayment of the principal sum of $[dollar amount of principal] and interest. The caveat is entered on this certificate at [time ofentry], on [date of entry], and is registered in Book [number of book] of the Registry as Document No. [number of document].
When the instrument referred to in the caveat is filed, the same shall take effect from the hour and date of entry of this notation.
Dated: [date of execution]
_____________ [Name of registrar]Registrar
Notes
West's Key Number Digest
West's Key Number Digest, Records 9
Legal Encyclopedias
Recordation of mortgages, generally. Am. Jur. 2d, Records and Recording Laws § 54Notices under Torrens statutes, in general. Am. Jur. 2d, Registration of Land Titles §§ 13 to 17
Database updated May 2015Chapter 222. Registration of Land Titles
IV. Instruments Transferring or Encumbering Registered Land
Summary Correlation Table
§ 222:21. Introductory comments
Instruments affecting title to registered land by way of transfer, encumbrance or charge must be registered in the appropriate
office in order to be effective. 1
Generally, standard instruments of conveyance or transfer, such as deeds, mortgages and deeds of trust, are employed betweenthe parties. These should contain a reference to the registration of title.
Some statutes provide for special instruments of transfer and encumbrance of registered land. These are shorter and less formalthan the traditional instruments.
Whatever the form of instrument used to transfer, encumber or charge registered land, it is commonly provided under Torrens
statutes that the instrument is effective only as a contract until it is registered in accordance with the statute. 2
Database updated May 2015Chapter 222. Registration of Land Titles
IV. Instruments Transferring or Encumbering Registered Land
Summary Correlation Table
§ 222:22. Caveat—Intention to transfer or encumber registered land
To: [Registrar of Titles/[Name of title registration office]]Re: Certificate of Title No. [number of certificate of title]
Please take notice that the undersigned, owner of the above-numbered certificate of title in your office, intends to [mortgage/charge/transfer] the land described in the certificate of title within [number of days] days from this date.
The [mortgagee/transferee] will be [[name of mortgagee]/[name of transferee]], of [[address of mortgagee]/[address oftransferee]]. [OPTIONAL: The approximate amount of the principal of the mortgage will be $[dollar amount of principal].]
This caveat is given to you for notation on the above-numbered certificate of title in accordance with the provisions of [citationof statute]. The instrument effecting the [mortgage/transfer] will be delivered to you for registry and entry within the above-stated period, and as soon as the same has been executed.
Dated: [date of execution]
_____________ [Name of owner]
Notes
West's Key Number Digest
West's Key Number Digest, Records 13.1
Legal Encyclopedias
Notice of transfers under the Torrens system. Am. Jur. 2d, Registration of Land Titles §§ 2, 3
Database updated May 2015Chapter 222. Registration of Land Titles
IV. Instruments Transferring or Encumbering Registered Land
Summary Correlation Table
§ 222:23. Transfer—Reference on deed of conveyance to certificate of title
The land described in this deed and intended to be transferred and conveyed is registered under [citation of statute]. Certificateof title to the land is registered in the records of the [Registrar of Titles/[name of title registration office]] of [name of county],[name of state], and the current certificate of title is No. [number of certificate of title]. The grantor named in this deed is theowner of such certificate.
This deed shall be promptly presented to the above-mentioned [Registrar of Titles/[name of title registration office]] for notationand for the issuance of a new certificate of title to the grantee named in this deed. The duplicate of the current certificate heldby the owner, [name of owner], shall be surrendered with the presentation of this deed.
Notes
West's Key Number Digest
West's Key Number Digest, Records 13.1
Legal Encyclopedias
Effect of registration on subsequent transactions concerning land. Am. Jur. 2d, Registration of Land Titles § 20
Database updated May 2015Chapter 222. Registration of Land Titles
IV. Instruments Transferring or Encumbering Registered Land
Summary Correlation Table
§ 222:24. Transfer—Provision in deed requiring Torrens certificate
The seller shall furnish a Torrens certificate showing marketable title, certified to date. The buyer shall be allowed [number ofdays] days after receipt for examination of such certificate and the making of any objection to the certificate. Such objectionsshall be made in writing or shall be deemed to be waived. If any objections are so made the seller shall be allowed [number ofdays] days to make the title marketable. Pending correction of title, the payments required by this instrument shall be postponed,but on correction of title and within [number of days] days after written notice of the same the buyer shall perform this agreementaccording to its terms.
Notes
Drafter's Notes
For other forms of deed provisions, see §§ 87:1 et seq.
For forms of provisions pertaining to mutual promises appropriate for inclusion in a contract for the sale of real property, see§§ 219:1 et seq.
West's Key Number Digest
West's Key Number Digest, Records 13.1
Legal Encyclopedias
Owner of certificate of title as holding registered land free of all claims except those noted on certificate. Am. Jur. 2d,Registration of Land Titles § 10Transfers under title registration act. Am. Jur. 2d, Registration of Land Titles §§ 2, 3Concurrent conditions on conveyance of land; mutually dependent promises. Am. Jur. 2d, Vendor and Purchaser § 63
Database updated May 2015Chapter 222. Registration of Land Titles
IV. Instruments Transferring or Encumbering Registered Land
Summary Correlation Table
§ 222:25. Transfer—By transfer of certificate of title
In consideration of $[dollar amount of consideration] and other good and valuable consideration, receipt of which isacknowledged, [name of owner], of [address of owner], does now transfer, sell and convey to [name of purchaser], of [addressof purchaser], [his/her] right, title and interest in the land described in Certificate of Title No. [number of certificate of title],registered in the office of the [Registrar of Titles/[name of title registration office]], [name of county], [name of state], asRegistered Title No. [number of registered title].
The above-mentioned certificate of title is attached to this instrument.
Executed at [place of execution] on [date of execution].
_____________ [Name of owner][Acknowledgment]
Notes
Drafter's Notes
For forms of acknowledgments, see §§ 7:1 et seq.
West's Key Number Digest
West's Key Number Digest, Records 13.1
Legal Encyclopedias
Statutory procedures under Torrens acts. Am. Jur. 2d, Registration of Land Titles § 2Effect of registration on subsequent transactions concerning land. Am. Jur. 2d, Registration of Land Titles § 20
Database updated May 2015Chapter 222. Registration of Land Titles
IV. Instruments Transferring or Encumbering Registered Land
Summary Correlation Table
§ 222:26. Encumbrance of registered land—Reference to certificate of title on mortgage or deed of trust
The land described in this [mortgage/deed of trust] and subject to the lien of the same is registered in the office of the [Registrarof Titles/[name of title registration office]] of [name of county], [name of state]. The present certificate of title to such land isNo. [number of certificate of title], and shows [name of owner] as the owner of the land.
Immediately upon execution, this instrument shall be presented to the [Registrar of Titles/[name of title registration office]],together with the duplicate of such certificate of title held by owner, for appropriate registry of this [mortgage/deed of trust].
Notes
West's Key Number Digest
West's Key Number Digest, Records 13.1
Legal Encyclopedias
Subsequent transfers and encumbrances of registered land. Am. Jur. 2d, Registration of Land Titles §§ 2, 3
Database updated May 2015Chapter 222. Registration of Land Titles
IV. Instruments Transferring or Encumbering Registered Land
Summary Correlation Table
§ 222:27. Encumbrance of registered land—By instrument attached to certificate of title
[Name of mortgagor], of [address of mortgagor], in order to secure an indebtedness of $[dollar amount of loan], and interest, asrepresented by a [note/bond] of even date, does mortgage to [name of mortgagee] all right, title and interest of the undersignedin the property described in the attached Certificate of Title No. [number of certificate of title], being Registered Title No.[number of registered title] in the registry of the [Registrar of Titles/[name of title registration office]] of [name of county],[name of state].
Executed at [place of execution] on [date of execution].
_____________ [Name of mortgagor][Acknowledgment]
Notes
Drafter's Notes
For forms of acknowledgments, see §§ 7:1 et seq.
West's Key Number Digest
West's Key Number Digest, Records 13.1
Legal Encyclopedias
Subsequent transfers and encumbrances of registered land. Am. Jur. 2d, Registration of Land Titles §§ 2, 3
Database updated May 2015Chapter 222. Registration of Land Titles
IV. Instruments Transferring or Encumbering Registered Land
Summary Correlation Table
§ 222:28. Release of mortgage on registered land
In consideration of payment of the debt secured by the mortgage entered [date of entry], by [notation/memorial] on Certificateof Title No. [number of certificate of title], Registered Title No. [number of registered title] in the office of the [Registrar ofTitles/[name of title registration office]] of [name of county], [name of state], the undersigned mortgagee releases the propertydescribed in such certificate of title from the mortgage and the lien of the same, and requests entry of such release on suchcertificate.
Executed at [place of execution] on [date of execution].
_____________ [Name of mortgagee][Acknowledgment]
Notes
Drafter's Notes
For forms of acknowledgments, see §§ 7:1 et seq.
West's Key Number Digest
West's Key Number Digest, Records 13.1
Legal Encyclopedias
Duties and powers of registrars of title. Am. Jur. 2d, Registration of Land Titles § 2
Database updated May 2015Chapter 222. Registration of Land Titles
IV. Instruments Transferring or Encumbering Registered Land
Summary Correlation Table
§ 222:29. Assignment of mortgage on registered land
For valuable consideration, the undersigned, the mortgagee named in, and the holder of, that certain mortgage of real propertydated [date of mortgage], and executed by the owner of the same, assigns and transfers the mortgage, together with the notesecured by the mortgage, to [name of transferee], whose address is [address of transferee].
The real property so mortgaged is registered as registry No. [number of registry], Certificate of Title No. [number of certificateof title], in the office of the [Registrar of Titles/[name of title registration office]], [name of county], [name of state].
Under the provisions of [citation of statute], this assignment will take effect on presentation to such official and entry on theabove-mentioned certificate of title.
Executed at [place of execution] on [date of execution].
_____________ [Name of mortgagee][Acknowledgment]
Notes
Drafter's Notes
For forms of acknowledgments, see §§ 7:1 et seq.
West's Key Number Digest
West's Key Number Digest, Records 13.1
Legal Encyclopedias
Duties and powers of registrars of title. Am. Jur. 2d, Registration of Land Titles § 2
Database updated May 2015Chapter 222. Registration of Land Titles
IV. Instruments Transferring or Encumbering Registered Land
Summary Correlation Table
§ 222:30. Request for notation of delinquent taxes—On certificate of title
To: Registrar of Titles[Address of registrar of titles]
I certify that the [State of [name of state]/County of [name of county]], [name of state]/City of [name of city], [name of county],[name of state] has a lien for [taxes/assessments] for the tax year [identification of tax year] that are past due and delinquent,against the land described in Certificate of Title No. [number of certificate of title], Registered Title No. [number of registeredtitle], as registered in your office.
Request is made for appropriate entry of such lien pursuant to [citation of statute].
Witness my hand and seal of office on [date of execution].
_____________ [Name of official][Title of official][Seal]
Notes
West's Key Number Digest
West's Key Number Digest, Records 13.1
Legal Encyclopedias
Statutory provisions for handling of subsequent charges against the registered land. Am. Jur. 2d, Registration of Land Titles§§ 2, 3
Database updated May 2015Chapter 222. Registration of Land Titles
IV. Instruments Transferring or Encumbering Registered Land
Summary Correlation Table
§ 222:31. Request for notation of judgment—On certificate of title
To: Registrar of Titles[Address of registrar of titles]
I certify that on [date of entry of judgment], a judgment was entered in [name of court], in favor of [name of plaintiff] and against[name of owner] for $[dollar amount of judgment], including interest and costs. Attached is a certified copy of such judgment.
Request is made for appropriate notation of the judgment on Certificate of Title No. [number of certificate of title], RegisteredTitle No. [number of registered title], in your office, pursuant to [citation of statute].
Witness my hand and seal of office on [date of execution].
_____________ [Name of official][Title of official][Seal][Attachment]
Notes
West's Key Number Digest
West's Key Number Digest, Records 13.1
Legal Encyclopedias
Authority and duty of registrar to determine nature and effect of instrument presented for registry. Am. Jur. 2d, Registrationof Land Titles § 2
Database updated May 2015Chapter 222. Registration of Land Titles
IV. Instruments Transferring or Encumbering Registered Land
Summary Correlation Table
§ 222:32. Request for notation of pendency of action—On certificate of title
To: Registrar of Titles[Address of registrar of titles]
Request is made for notation on Certificate No. [number of certificate], Registered Title No. [number of registered title], in therecords of your office, of the commencement of an action in [name of court], in which [name of plaintiff] is the plaintiff and[name of defendant] is the defendant. The action affects the title to the land described in such certificate.
Such action was commenced on [commencement date of action], and is now pending.
This request is made pursuant to [citation of statute].
Dated: [date of document]
_____________ [Name of plaintiff]
Notes
West's Key Number Digest
West's Key Number Digest, Records 13.1
Legal Encyclopedias
Powers and duties of title registrar under Torrens acts. Am. Jur. 2d, Registration of Land Titles § 2
