§16-53. Recorded signed documents – Rebuttable presumptions.
EVIDENTIARY EFFECT OF RECORDED DOCUMENT A. A recorded signed document relating to title to real estate creates a rebuttable presumption with respect to the title that: 1. The document is genuine and was executed as the voluntary act of the person purporting to execute it; 2. The person executing the document and the person on […]
§16-80. Construction.
This act shall be liberally construed to effect the legislative purpose of simplifying and facilitating land title transactions by allowing persons to rely on a record chain of title as described in Section 1 of this act, subject only to such limitations as appear in Section 2 of this act. Laws 1963, c. 31, § […]
§16-61. Definitions.
For the purposes of this act: (a) An interest in real estate shall include, but not be limited to mortgage liens, interests of purchasers under contract of sale, leases, easements, oil and gas leases, and mineral and royalty interests. (b) A purchaser for value shall include one who has actual or constructive notice of the […]
§16-82. Recording of affidavit – Rebuttable presumption.
An affidavit covering matters named in Section 83 of this title may be recorded in the office of the county clerk in the county in which the real property is situated. There shall be a rebuttable presumption that facts stated in a recorded affidavit are true as they relate to real estate, its use, or […]
§16-62. Purchasers for value of real estate – Reliance upon status of title as reflected by county records and by decrees and judgements of courts.
(a) Any purchaser for value acquiring an interest in real estate from one who claims such interest, immediately or remotely, under a conveyance of record for ten (10) or more years in the records of the county wherein the land is located prior to such purchase shall acquire a valid and marketable title to such […]
§16-83. Matters to which affidavit may relate.
The affidavit may relate to the following matters: Age, sex, birth, death, relationship, family history, heirship, names, and identity of parties, whether individual, corporate, partnership or trust; identity of officers of corporations; membership of partnerships, joint ventures and other unincorporated associations; identity of trustees of trusts, and their respective terms of services; history of the […]
§16-34. Execution by mark.
When real estate is conveyed or encumbered by an instrument in writing by a person who cannot write his or her name, the person shall execute the same by a mark, and the person’s name shall be written near the mark by one of two persons who saw the mark made, who shall write their […]
§16-63. Notice of claim.
(a) The notice of claim required to be filed in Section 2 hereof shall contain an accurate and full description of all land affected by such notice, which description shall be set forth in particular terms and not by general inclusions; but, if said claim is founded upon a recorded instrument, then the description in […]
§16-84. Description of land – Recording fee – Indexing.
Every affidavit prescribed in Section 2 of this act shall include a description of the land for which the title may be affected by matters covered in the affidavit. The county clerk shall record the affidavit for such fees as provided by law and indicate the land affected on the numerical tract index in the […]
§16-35. Acknowledgment to be under seal – Before whom taken.
Every acknowledgment must be under seal of the officer taking the same; and when taken in this state, it may be taken before any notary public, county clerk, clerk of the district court, clerk of the county court, or county judge; and when taken elsewhere in the United States, or United States possessions, or Canada […]