Louisiana Checklist of Matters that Should be Considered in Making an Abstract or Opinion of Title

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US-1245BG
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To meet the requirement to show the nature, source and validity of title to real property, an abstract must contain a full summary of grants, conveyances, wills, or other documents of record relied on as evidence of title.
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  • Preview Checklist of Matters that Should be Considered in Making an Abstract or Opinion of Title

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FAQ

The abstract of title is a brief history of a piece of land, and it is used to determine whether or not there is any kind of claim against a property. The abstract of title includes encumbrances, conveyances, wills, liens, grants and transfers.

Abstracts of title and title insurance commitments are fundamentally different in the information they provide and in their uses. A title commitment provides the foundation for the issuance of an indemnity contract, while an abstract provides documents that affect title to property in chronological order.

Simply put, an abstract of title provides all the documents affecting title to the researched property that are recorded in the Public Records. It provides the information necessary to determine the status of title, but it does not provide any conclusions about the status. An abstract does not insure title.

Abstract and Opinion This method of assuring title involves two steps: (1) doing a search of all the legal instruments in the public record (summarized by the abstract) affecting the property's title, and (2) getting a lawyer's opinion as to the character of the title.

The good news is that only a few states require abstracts: Oklahoma, Iowa and certain areas within the Dakotas. There is no standard fee. In each case, the cost is determined by how long it takes to compile the abstract.

Louisiana is a community-property state. Attorneys conduct closings. Conveyance is by warranty or quitclaim deed.

Not all states provide abstracts for real estate transactions, but Louisiana does. An abstract is not a title or title insurance it simply provides a history of the chain of title for a piece of property.

The title should be descriptive, direct, accurate, appropriate, interesting, concise, precise, unique, and should not be misleading. The abstract needs to be simple, specific, clear, unbiased, honest, concise, precise, stand-alone, complete, scholarly, (preferably) structured, and should not be misrepresentative.

The abstract of title is an important document for real-estate analysis. It shows all of the transactions a particular piece of property has been involved in, including sales, transfers, and other important information.

Definition of abstract of title : a summary statement of the successive conveyances and other facts on which a title to a piece of land rests.

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Louisiana Checklist of Matters that Should be Considered in Making an Abstract or Opinion of Title