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Old 02-17-2014, 09:32 PM
 
5,102 posts, read 6,019,715 times
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Quote:
Originally Posted by Meemur View Post
In some towns, you can go to city hall and look up the title and read it for yourself. They have these huge leather books that smell funny.

In other places, that information may have been scanned into a database, but you'll probably need to go there in person to access it. You can phone your city assessor's office and ask.

In other places, they don't have good records, and they tell you to get "title insurance." Hopefully, you aren't looking in one of those places.
I have a little experience with this (all in Maryland) but I think I know the generalities. Wherever the deed is recorded (In Maryland it is in the County) you can go in and search the current deed for the property and reed the description and any restrictions. The deed will list the description (boundry lines, exact location, how it is marked, etc) It will also tell you who the previous owner was. You can then find that deed and repeat, and repeat, and repeat until you get to the oldest records (Some in Southern Maryland go back to the original settlers who arrived on the Ark and the Dove.) The deed will also list any covenants or other legal descriptions and any access right of ways you have (for example if you have access to the property via a private road through someone else's property it will be stated in the deed. If it doesn't mention contact with a public road and doesn't specify a right of way in to the property the land is technically 'land locked and the only legal way you have to reach it is via a helicopter. This isn't very common and almost impossible to happen with any property subdivided in modern times but we used to have a neighbor's property that was land locked out of spite to the black sheep of the family years before.)

While you can do all this it takes time. It is usually pretty easy to go look at the current property records, In Maryland you can do the first stages online and get the actual references you need to have the clerks pull it quickly for you. That would be enough for what you want right now.

A Title Search (and the accompanying Title Insurance) is the task and process of researching ALL the way back to ensure that there are no other claims against the property. This is a task for experts and will usually be conducted by a Title Insurance Company who will guarantee that you have a clean title (That the mortgage company will accept) I would not go to closing without have Title Insurance.

A Subdivison just means the landowner divided lots off of a single larger property, nothing more. The details (ownership of the access road, possibly the division of maintenance costs of the road) should be in the deed that deed that split it off the original property) If those details aren't clear (and probably even if you think they are) you should run them by a real estate lawyer (yours not the sellers if I need to say so)before closing.

Good luck!
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Old 02-18-2014, 06:40 AM
 
Location: Bloomington IN
8,590 posts, read 12,240,785 times
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I don't know how other states do it, but in my state all subdivisions are recorded after they are approved by the county or city zoning commission. When I wanted to find a copy of the covenants and restrictions on a property I headed out to the county courthouse. The county keeps the plat maps for all subdivisions, even those within city limits. (I live in a fairly small area) Restrictions are printed right on the plat map. I suppose for a longer set of restrictions a copy is referenced. I've seen some plats that are a hundred years old and contained some interesting restrictions that could no longer be enforced.

The county also has a list of all HOA's but not the rules of the HOAs. There can be restrictions and covenants on a property without an HOA. The road is likely a private road. The maintenance agreement may or may not be recorded. All of these records are in the Recorders office as suggested above.
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Old 02-18-2014, 07:04 AM
 
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Quote:
Originally Posted by MidValleyDad View Post
A Subdivison just means the landowner divided lots off of a single larger property, nothing more.
That is not correct. Although it's true that a lot may be subdivided from a parent parcel, to create a platted subdivision entails much more. The subdivision plan is usually recorded at the County office--and sometimes with the state. When a parcel is merely split from a larger parcel, it will oftentimes retain a metes and bounds legal description. In a recorded Subdivision, the legal description for that parcel usually becomes "Lot XX of Smith Farms Subdivision, as recorded in ________". A survey noting the roads, easements and other aspects of the subdivision are recorded as part of the subdivision plat. A Subdivision may also be created from multiple parcels, not just from a single larger property.
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Old 02-18-2014, 07:09 AM
 
4,567 posts, read 10,599,949 times
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Quote:
Originally Posted by rrah View Post
When I wanted to find a copy of the covenants and restrictions on a property I headed out to the county courthouse.
Warning..... Covenants and restrictions (CCR) change over the years as people vote in new ones. Many HOA's never bother to record them with the state although they are still valid.
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Old 02-18-2014, 07:41 AM
 
Location: Bloomington IN
8,590 posts, read 12,240,785 times
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Quote:
Originally Posted by 399083453 View Post
Warning..... Covenants and restrictions (CCR) change over the years as people vote in new ones. Many HOA's never bother to record them with the state although they are still valid.
That is true. The presence of CCRs do not necessarily equate to an HOA though. My subdivision has CCRs without an HOA. Some of the CCRs were/are required by the zoning laws. I'm thinking about those specifically related to the number of houses per lot or further subdivision of lots. Any property owner in the subdivision is legally permitted to sue another property owner to force compliance.
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Old 02-18-2014, 08:47 AM
 
5,102 posts, read 6,019,715 times
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Quote:
Originally Posted by jackmichigan View Post
That is not correct. Although it's true that a lot may be subdivided from a parent parcel, to create a platted subdivision entails much more. The subdivision plan is usually recorded at the County office--and sometimes with the state. When a parcel is merely split from a larger parcel, it will oftentimes retain a metes and bounds legal description. In a recorded Subdivision, the legal description for that parcel usually becomes "Lot XX of Smith Farms Subdivision, as recorded in ________". A survey noting the roads, easements and other aspects of the subdivision are recorded as part of the subdivision plat. A Subdivision may also be created from multiple parcels, not just from a single larger property.
I won't argue but I have seen it done both ways. I have also seen people use the term when there is not a legally described subdivison recorded. I will also assume it can vary from state to state.
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