Also known as: chains of title
Written by attorneys · grounded in primary & secondary sources — see below
The sequence of recorded conveyances and other instruments establishing successive ownership of a parcel of real property. A break or gap in the sequence prevents a subsequent purchaser from tracing ownership through the public records and may render title unmarketable or place an interest outside the chain for purposes of constructive notice.
Canyon Construction contracted to sell land to Cecilia Cabrera. A title search revealed that a prior deed in the sequence had never been recorded, creating an untraceable gap. Cecilia refused to close and sued for rescission because the gap prevented assurance of clear ownership.
Cynthia Cortez purchased a parcel from Central Dynamics. An easement benefiting a neighboring lot had been recorded in a deed from the common grantor to a stranger. The easement lay outside the chain through which Cynthia traced title, so she took free of the burden.
Charles Cunningham agreed to buy property from Crystal Dynamics. The seller could not produce a release for a recorded mortgage appearing in an earlier link of the sequence. Charles rescinded because the unreleased lien broke the chain and rendered title unmarketable.
Select any source to read its text and confirm it supports the definition.
Carmen Choi bought land from Continental Bank. A prior conveyance to a third party had been recorded but could not be located by searching the grantor-grantee indexes under the names in Choi's chain. The instrument lay outside the chain, so Choi took without constructive notice of it.
Caleb Chang received a deed from a seller whose own deed had been forged. The forgery conveyed nothing, so the seller held no interest that could pass to Chang. The break in the sequence left Chang unprotected even after recording.
Chloe Chen purchased a lot in a subdivision whose recorded plat and deeds to other lots restricted use to residences. No restriction appeared in Chen's immediate deed, yet the common plan placed the restriction in the chain for every lot. The court enforced the residential limit against Chen.
A break occurs when a recorded instrument cannot be located by searching the grantor-grantee indexes under the names appearing in the purchaser's sequence of ownership. Such an instrument lies outside the chain and does not provide constructive notice.
A gap prevents a reasonably prudent purchaser from tracing ownership through the public records and creates reasonable doubt about the state of title. The buyer may therefore refuse to close and seek rescission or damages.
A forged deed is void and conveys no title, so the forger acquires nothing that can pass downstream. Whether a later purchaser who records obtains protection depends on the jurisdiction's recording act and how it treats the void link in the chain.
An instrument is outside the chain when a diligent searcher using the grantor-grantee indexes would not locate it while tracing the sequence of ownership from the root of title forward. Examples include deeds recorded too early or too late and wild deeds.
…barring a use so detrimental to the enjoyment and value of its neighbors. Defendants insist that no restrictions appear in their chain of title and they purchased without notice of any reciprocal negative easement, and deny that a gasoline station is a nuisance per se. We find no occasion to pass upon the question of nuisance, as…