Concepts Definitions
Recording: The process of entering documents concerning real estate title into the public record, maintained by the county recorder’s office. Its purpose is to create a secure, safe, and central location for evidence of title and to protect buyers and lenders from undisclosed claims.
Delivery: The legal act by which a grantor makes a deed effective by transferring it to the grantee, typically requiring both delivery and acceptance for a deed to be valid.
Presumption of Delivery: A legal assumption that if a deed has been recorded, it has also been legally delivered.
Constructive Notice: Legal notice that is imparted by recording a document in the public records. It signifies that a person should have known a fact, whether or not they had actual knowledge, because it was publicly available.
Actual Notice: Direct, express, or implied factual knowledge of a situation or event.
Conveyance: The transfer of ownership or an interest in real property from one person to another, typically through a deed.
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