Explain the role of recording statutes in real property contracts
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Every state has a recording statute that provides that copies of deeds and other documents concerning interests in real property (e.g., mortgages, liens, easements) may be filed in a government office, where they become public records open to viewing by the public. Recording statutes are intended to prevent fraud and to establish certainty in the ownership and transfer of property. Instruments are usually filed in the county recorder's office of the county in which the property is located. A fee is charged to record an instrument. Persons interested in purchasing property or lending on property should check these records to determine whether the grantor or borrower actually owns the property in question and whether any other parties (e.g., lienholders, mortgagees, easement holders) have an interest in the property. The recordation of a deed is not required to pass title from the grantor to the grantee. Recording the deed gives constructive notice to the world of the owner's interest in the property.
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