Written by attorneys · grounded in primary & secondary sources — see below
A sequence of recorded instruments that traces successive transfers of ownership in a parcel of land from the original grantor to the present holder. The sequence determines which instruments impart constructive notice to a subsequent purchaser under recording acts. A break or gap in the sequence renders title unmarketable because a reasonably prudent buyer would face reasonable doubt about ownership.
Sources & Authorities
How it applies
Common Examples
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Missing Deed Creates Unmarketable Title
Legacy Motors contracted to sell a warehouse parcel to Linden Logistics. Linden's title search revealed that a deed from the prior owner to Legacy Motors was missing from the public records. Because the gap prevented a complete sequence of recorded transfers, Linden refused to close and demanded return of its deposit.
Easement Outside Chain Provides No Notice
Lola Langley purchased a ranch from Luke Latham. Years earlier the prior owner had granted an easement to a neighboring rancher, but the deed was recorded only under the neighbor's name. Because the easement deed never appeared in the successive recorded transfers from the prior owner to Luke, Lola took the ranch free of the easement.
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Cases
Common Law
Restatements
Dictionaries
Liberty Trust agreed to buy commercial property from Lattice Systems. A recorded mortgage from a prior owner remained unreleased in the records. Because the unreleased lien broke the clean sequence of transfers and created reasonable doubt for any purchaser, Liberty refused to close.
Merger Alters Grantor Name in Chain
Lamar Lewis bought industrial land from a successor corporation. A mineral lease granted by the original owner had been recorded under a pre-merger name. Because the lease and assignment appeared only under the former name and never entered the recorded transfers to the successor, Lamar acquired the land free of the lease.
Forged Deed Breaks Chain of Title
Layla Lane purchased a vacant lot from Lucas Lee. An earlier deed in the records had been forged by a stranger. Because the forged deed conveyed no title and interrupted the valid sequence of recorded transfers, Layla's search revealed the break and she refused to close.
Survey Reveals Occupancy Outside Record Chain
Luna Lang bought waterfront property from Lamar Lewis. The sellers and their predecessors had occupied a strip of land adjacent to the deeded description for decades. Because the occupied strip never appeared in any recorded deed in the sequence of transfers to Lamar, Luna received marketable title only to the land described in the deeds.
Howard v. Kunto2 Wash. App. 348, 469 P.2d 990
Common questions
Frequently Asked
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What renders a line of title unmarketable?+
A gap in the recorded sequence of transfers, an unreleased lien, or an outstanding interest that a prudent purchaser would view as creating reasonable doubt prevents conveyance of marketable title.
Does an instrument recorded outside the purchaser's line of title give constructive notice?+
No. Only instruments appearing in the successive recorded transfers through which the purchaser claims ownership impart constructive notice under the chain of title doctrine.
How does a corporate name change affect the line of title?+
A merger or name change that alters the grantor name can place prior recorded instruments outside the purchaser's line of title, so a search under the current grantor name reveals nothing about those instruments.
When may a buyer refuse to close because of a defect in the line of title?+
A buyer may refuse when the defect, such as a missing deed or unreleased lien, renders title unmarketable at closing and the seller cannot cure within any contractual period.
206 N.W. 496Property
…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…