Also known as:registers · registered · registering · registrant · registrants · registrar · registrars · registrarius · registration · registrations · registry · registries · recording · official records · land registry
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
1
An act of entering a deed, mortgage, satisfaction, or other instrument affecting title into the official public records maintained by a county recorder or similar officer. Recording supplies constructive notice to later purchasers and satisfies statutory requirements for perfecting priority.
2
Sense 1
1
Sense 1
An act of entering a deed, mortgage, satisfaction, or other instrument affecting title into the official public records maintained by a county recorder or similar officer. Recording supplies constructive notice to later purchasers and satisfies statutory requirements for perfecting priority.
Sources & Authorities· 1 primary source
Select any source to read its text and confirm it supports the definition.
Common Law
Sense 2
2
Sense 2
An act of entering deposition or grand-jury testimony into an official transcript or recording by a court reporter or device operator. The recording preserves the proceeding and limits attendance to authorized persons under procedural rules.
Sources & Authorities· 2 primary sources
Select any source to read its text and confirm it supports the definition.
An act of entering deposition or grand-jury testimony into an official transcript or recording by a court reporter or device operator. The recording preserves the proceeding and limits attendance to authorized persons under procedural rules.
Each sense below has its own examples, sources, and questions.
Examples3
Mortgage Satisfaction Recorded
Ronald Reed pays off the full balance on his home loan to Ridgeway Partners. The lender executes a satisfaction piece and Ronald registers it with the county recorder. Once recorded, the mortgage lien is discharged and title is cleared for a subsequent sale.
Easement Outside Chain of Title
Rachel Ramirez purchases land from a seller whose deed traces through a recorded chain. A prior owner registers an easement to a stranger in a separate instrument. Because the easement lies outside Rachel's chain of title, she takes without constructive notice.
Paramount Third-Party Interest
Rhea Reynolds leases commercial space from Riverside Healthcare. A prior lender registers its mortgage on the property before the lease. The mortgage remains paramount to both the landlord's and tenant's interests unless the lender agrees otherwise.
Frequently Asked2
What must a mortgagor do to obtain a release after full payment?+
Payment of the full debt entitles the mortgagor to a satisfaction piece. Recording that satisfaction clears the public records and discharges the mortgage lien.
Supporting sources
How does a purchaser obtain constructive notice of recorded interests?+
A purchaser is charged only with notice of instruments appearing in the chain of title through which title is claimed. An instrument recorded outside that chain does not provide constructive notice.
Supporting sources
Examples3
Deposition Recording Method Noted
Rajesh Rao notices a deposition of a key witness in a contract dispute. He registers the audiovisual method in the notice itself. The noticing party pays for the recording and any other party may later arrange a transcript.
Grand Jury Proceedings Recorded
Ralph Richardson serves as the court reporter assigned to a federal grand jury investigating wire fraud. He registers every question and answer while the jury is in session. Only authorized persons remain present during the recorded testimony.
Original Recording Required
Robert Rivera offers a duplicate of a surveillance video to prove a contract breach. The court reporter registers the original video as an exhibit during the proceeding. The court requires that original under the best-evidence rule before the duplicate may be admitted.
Frequently Asked3
Who decides how deposition testimony will be recorded?+
The party who notices the deposition states the method in the notice. Testimony may be recorded by audio, audiovisual, or stenographic means unless the court orders otherwise.
Supporting sources
Which persons may be present during grand-jury testimony?+
Attorneys for the government, the witness, interpreters when needed, and a court reporter or recording-device operator may be present while the grand jury is in session.
Supporting sources
When is an original recording required to prove its content?+
An original writing, recording, or photograph is required unless a rule or statute provides otherwise. A genuine authenticity dispute or unfairness may bar a duplicate.
Supporting sources
5 U.S. (1 Cranch) 137 (1803)Property
…the Secretary remains in office the President cannot take from his custody the seal of the United States nor prevent him from recording and affixing the seal to civil commissions of such officers as do not hold their offices at the will of the President after the President has signed them and delivered them to the Secretary…