17.08 Recitals

17.08.1

In General

Unless otherwise provided by state law, a purchaser of land is charged with constructive notice of anything appearing in any part of the deeds or instruments forming the chain of title of the parcel of land, or in the certificates of acknowledgment thereof.

However, a purchaser is not bound to examine the record in regard to discharged mortgages, and therefore, said purchaser is not chargeable with knowledge of recitals therein.

Recitals may be inserted or shown in any portion of a deed or instrument. The basic purposes for which recitals are used appear to be the following:

  • Information, identification, explanation, or evidence in regard to:

    • Marital Status
    • Address
    • Consideration
    • Change of name
    • Death
    • Heirship
    • Divorce
    • Merger or dissolution of corporation

      (The above list is for illustration purposes only and it does not intend to be exhaustive.)

  • Encumbering, charging or affecting the property with any of the following:

    • Mortgages
    • Leases
    • Contracts
    • Easements
    • Restrictions
    • Options
    • Rights of first refusal
    • Repurchase rights
    • Reversionary rights
    • Reservations or exceptions
    • Liens
    • Junior interests
    • Taxes
    • Rights of others
    • Trusts
    • Party Walls
    • Tenancies

      (The above list is for illustration purposes only and it does not intend to be exhaustive.)

All recitals in deeds or other recorded instruments, that form the chain of title of the parcel of land being insured, should be carefully reviewed for matters not otherwise of record, and where any of such matters is disclosed, it should be shown as appropriate title exception.