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For example, if John sells his property to Jane, the derivation clause in the deed of trust would state that John was the previous grantor and the recording date of the deed. This information is important for future reference and to ensure that the title is clear and free of any encumbrances.
A Tennessee deed must include a derivation clause identifying the deed or other instrument that is the source of the current owner's title. If the current owner received the property through a recorded deed, the derivation clause must identify the type of deed, book and page number, and recording office.
The rule of derivative title, which is applicable in most areas of the law, does not allow a property owner to transfer rights in a piece of property greater than his own. If an instrument is negotiable this rule is suspended.
South Carolina deeds must include a derivation clause. A derivation clause is a statement identifying the source of the current owner's title to the real estate?typically the prior deed or probate estate through which the current owner acquired the property.
Derivative title means a title that comes from another title. For example, if you buy a house from someone who bought it from someone else, your title is derivative because it comes from the previous owner's title.