{"id":875,"date":"2025-01-24T17:42:09","date_gmt":"2025-01-25T01:42:09","guid":{"rendered":"https:\/\/deedandrecord.com\/?p=875"},"modified":"2025-01-10T18:06:26","modified_gmt":"2025-01-11T02:06:26","slug":"why-we-have-a-recording-system-in-california","status":"publish","type":"post","link":"https:\/\/deedandrecord.com\/index.php\/2025\/01\/24\/why-we-have-a-recording-system-in-california\/","title":{"rendered":"Why We Have a Recording System in California."},"content":{"rendered":"
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California was admitted to the Union by the United States on September 9, 1850. One of the first acts of the California Legislature was to adopt a recording system by which evidence of title or interests in the title could be collected and maintained in a convenient and safe public place. The purpose of establishing a recording system was to inform persons planning to purchase or otherwise deal with land about the ownership and condition of the title. This system was designed to protect innocent lenders and purchasers against secret sales, transfers, or conveyances and from undisclosed encumbrances\/liens. The purpose of this system is to allow the title to the real property to be freely transferable.<\/p>\n\n\n\n


The California Government Code provides that, after being acknowledged (executed in front of a Notary Public, or properly witnessed as provided by applicable law), any instrument or judgment affecting the title to or possession of real property may be recorded.<\/p>\n\n\n\n

The word “instrument” as defined in section 27279(a) of the Government Code “\u2026means a written paper signed by a person or persons transferring the title to, or giving a lien on real property, or giving a right to a debt or duty.”<\/p>\n\n\n\n

The general purpose of recording statutes is to permit (rather than require) the recordation of any instrument that affects the title to or possession of real property and to penalize the person who fails to take advantage of recording. Because of the recording of instruments of conveyance or encumbrance\/lien, purchasers (and others dealing with title to property) may in good faith discover and rely upon the ownership of title or an interest therein.<\/p>\n\n\n<\/div>","protected":false},"excerpt":{"rendered":"

The purpose of this system is to allow you to transfer title to California real property freely. <\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"om_disable_all_campaigns":false,"_monsterinsights_skip_tracking":false,"footnotes":""},"categories":[2,6],"tags":[83],"class_list":["post-875","post","type-post","status-publish","format-standard","category-http-deedandrecord-com-californiadeeds","category-http-deedandrecord-com-nevadatimeshares","tag-california-deeds","anons"],"aioseo_notices":[],"aioseo_head":"\n\t\t\n\t\n\t\n\t\n\t\n\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t