Also known as: marketable titles of record · marketable title · record title
Written by attorneys · grounded in primary & secondary sources — see below
A title standard in real estate contracts requiring that every link in the chain of title be evidenced by recorded documents or other admissible written proof. Marketability under this standard must be determinable solely from the public records or an abstract without resort to parol evidence. Title acquired by accretion or adverse possession fails this standard because those sources cannot be verified from the record alone.
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Malcolm McKinley contracted to sell land to Meredith Maxwell. The contract required marketable title of record. Malcolm's chain consisted entirely of recorded deeds and affidavits. Meredith accepted the title at closing because every link appeared in the public records.
Marcus Mitchell agreed to convey property to Michelle Murphy under a contract calling for marketable title of record. A prior mortgage remained unreleased on the record. Michelle refused to close because the defect prevented determination of marketability solely from the recorded chain.
Maria Morales contracted with Miles Montgomery to purchase acreage. The agreement demanded marketable title of record. The title company offered to insure over an old easement, but Maria rejected the tender because the easement prevented verification of the entire chain from the record alone.
Maxwell Manufacturing acquired land by long-term adverse possession. It later contracted to sell the parcel and promised marketable title of record. The buyer refused because the chain could not be established from recorded instruments or an abstract without extrinsic proof of the possession period.
Marketable title of record imposes a stricter requirement that every link in the chain must be provable from recorded documents or admissible written evidence. Ordinary marketable title permits reliance on facts outside the record so long as a prudent purchaser would accept the title free from reasonable doubt.
Supporting sources
No. Title resulting from adverse possession cannot be determined solely by review of the land records or an abstract. A contract requiring marketable title of record therefore cannot be satisfied by such title because parol evidence would be needed to establish the elements of possession.
…was completed, they discovered that they were the record owners of the land occupied by the Moyers and that the Moyers held record title to the land occupied by the Kuntos. Howard approached Moyer and in return for a conveyance of the land upon which the Moyers’ house stood, Moyer conveyed to the Howards record title to the…
…had acquired ownership by adverse possession of a strip of land 15 inches in width running the length of her west boundary, the record title
…of deeds of that county disclose the following pertinent facts concerning the title: For some time prior to May 7, 1946, the
…area contained within the legal description of their ocean-front property. The state asserts two theories: (1) the landowners' record title
…called “Calvert,” were husband and wife. On April 10, 1950, they acquired the real property in question as joint tenants and the record title
Supporting sources
A buyer may refuse when any link in the chain cannot be verified from the public records alone. Examples include unreleased liens, breaks in the recorded chain, or interests that require extrinsic proof, because these defects prevent the title from meeting the record standard.
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No. Insurable title is a distinct and sometimes less rigorous standard. A contract demanding marketable title of record requires that marketability be established from the record itself. The insurer's commitment does not substitute for missing recorded links or admissible written evidence.
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