I DO REALLY MISS READING THE OLD COMPLETE ABSTRACTS WHEN IT WAS COMMON TO RECEIVE AN OPINION OF TITLE BASED ON THE REVIEW OF THE TITLE BY AN ATTORNEY. I have retained some of my old abstract copies and sometimes received the original abstracts when purchasing property.
THE ABSTRACT COPIES CAN BE ANYWHERE FROM A FEW PAGES OF THE CHAIN OF TITLE TO ONE HUNDRED PAGES DEPENDING HOW MANY TIMES THE PROPERTY WAS SOLD OR HOW MANY TIMES THE PROPERTY WAS SUBDIVIDED. SOMETIMES THERE IS REAL HISTORY TO BE FOUND WITHIN AND SOMETIMES THERE ARE VERY PERSONAL POINTS OF HISTORY RECORDED.
MY WIFE AND I OWNED A COMMERCIAL CORNER PROPERTY THAT AT ONE TIME HAD AN EARLY 1900'S HOTEL ON THE PROPERTY. THE PROPERTY WAS DEVELOPED BY A DOCTOR THAT OWNED THE HOME NEXT DOOR TO THIS PROPERTY. HE ALSO OWNED THE CORNER LOT ON THE OTHER SIDE OF HIS HOME. ALL WAS WELL UNTIL HIS WIFE FILED FOR DIVORCE AND SHE WAS AWARDED THE HOUSE, OF COURSE. BUT THINGS GOT A LITTLE MORE INTERESTING WHEN THE GOOD DOCTOR BUILT HIS NEW WIFE A NEW HOUSE ON THE VACANT LOT NEXT DOOR TO HIS FORMER HOME. NO RECORD OF GUN SHOTS OR MURDER WERE RECORDED.
WE PURCHASED 150 ACRES TO DEVELOP INTO A SUBDIVISION AND RECEIVED THE COMPLETE ABSTRACT. THE ABSTRACT COVERED THE FRANCIS H. GREY SURVEY IN PALO PINTO COUNTY. IN READING THE ABSTRACT WE FOUND THAT FRANCIS H. GREY WAS KILLED IN THE ALAMO AND HIS FAMILY RECEIVED THIS PROPERTY THAT WAS A PART OF SEVERAL THOUSAND ACRES AWARDED TO THE FAMILY. THE ABSTRACT ALSO STATES THAT HIS FAMILY ALSO RECEIVED $ 123.00 IN BACK PAY WHILE SERVING IN THE FIGHT FOR TEXAS INDEPENDENCE.
I HAVE ALSO FOUND ERRORS IN THE ABSTRACTS THAT CLEARED TITLE FOR THE TITLE COMPANIES. ONE SURVEY ERROR ON A SEVENTEEN ACRE PROPERTY THAT CAUSED A CLOUD ON THE TITLE BECAUSE THE SURVEY WOULD NOT CLOSE PROPERTY LINES. THEREFORE THE MORTGAGE COMPANY WOULD NOT MAKE A LOAN ON THE PROPERTY AND THE TITLE COMPANY WOULD NOT INSURE TITLE. I REQUESTED A COPY OF ALL PAGES OF THE ABSTRACT AND ON THE VERY FIRST PAGE I FOUND THE ERROR THAT HAD BEEN CARRIED FORWARD FOR MANY YEARS. THE CLERKS OFFICE HAD USED THE FORWARD SLASH ON THE TYPEWRITER TO CORRECT ERRORS IN TYPING. ALL RECORDS FROM THAT TIME ON PICKED UP THE SLASH AS A NUMBER ONE (1) AND USED IT AS A DISTANCE IN THE SURVEY CALLS AND THE SURVEY LINES WOULD NOT CLOSE. SO DO NOT ALWAYS TAKE THE TITLE PROBLEMS WITHOUT CHECKING FOR YOURSELF. I DID ENJOY FINDING THIS ERROR BECAUSE THE SURVEYOR WAS VERY UPSET BECAUSE I QUESTIONED HIM ON THIS MATTER. I ALSO ENJOYED THIS ONE BECAUSE AT ONE TIME THE PROPERTY BELONGED TO A TOP REAL ESTATE ATTORNEY IN TOWN BUT HE NEVER COULD CLEAR THE TITLE.
THERE ARE MANY RECORDED HISTORICAL INSTRUMENTS ON FILE WITH THE COUNTY CLERK. I THINK THE LOCAL LIBRARY SHOULD ADD AN AREA FOR THIS TYPE OF PROPERTY HISTORY.
Here in the South we can go back to the very old documents and there are usually some very interesting things. We still have old records that minorities can not purchase certain parcels of land, etc. I guess change takes a while :)
Tracey