Also known as: enregistrements · registration · recording
Written by attorneys · grounded in primary & secondary sources — see below
The formal act of placing a legal instrument, testimony, or proceeding into official public or court records. This step supplies constructive notice to third parties and preserves the content for evidentiary or priority purposes.
After Emily Ellis paid the final installment on her home loan, the lender executed a satisfaction piece. The county clerk recorded the document in the land records, removing the mortgage lien from the public title and allowing Emily to sell the property free of the encumbrance.
Edward Everett noticed a deposition in a contract dispute and stated in the notice that testimony would be recorded by stenographic means. The court reporter produced a transcript that any party could later arrange to have transcribed for use at trial.
During a federal investigation, the government presented witnesses before the grand jury. A court reporter operated a recording device to capture all testimony while the jury remained in session, ensuring a complete record existed for later review.
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Eileen Epstein purchased land after examining only the recorded deeds in her seller's direct chain. An easement recorded in a separate chain from a prior common grantor gave her no constructive notice, so the easement did not bind her under the recording act.
Ewan Eckhart sought to prove the terms of a lost lease by offering a photocopy at trial. Because the lease's content was directly at issue and no exception applied, the court required production of the original recording before admitting secondary evidence.
Esther Eisenberg leased property subject to an existing recorded mortgage held by a third party. Because the mortgage was not terminable at the landlord's will, the tenant took subject to that paramount interest under the applicable recording law.
Recording the satisfaction discharges the mortgage lien from the public records once the debt is paid in full. It clears title so the mortgagor can convey the property without the encumbrance appearing in subsequent searches.
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The party noticing the deposition selects the method in the notice. Testimony may be taken by audio, audiovisual, or stenographic means unless the court orders otherwise, and the noticing party pays the initial recording costs.
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Recording preserves an accurate account of testimony given while the grand jury is in session. The rule permits a court reporter or recording device operator to be present for that purpose, though deliberations themselves remain secret.
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A purchaser receives constructive notice only of instruments appearing in the chain through which title is claimed. An instrument recorded outside that chain, such as an easement granted to a stranger, does not bind the subsequent purchaser.
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…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…