We don't spend time on how things got started. Their beginnings if you will. We only address the part we play in it all when we are practicing it. I want to just spend a moment looking at the Grant Deed but not in today's world, but the world of yest-er-year. The Indians owned it all and no paper existed. It was first come first served. That's all they knew for hundreds of years
PEACE TREATY OR PIECE TREATY
Even when we tried to take over portions, we required that they sign something that outlines what we were taking and why. It was a form of deed. They traded their rights to other people and we documented it with paper and pen.
BET THE FARM...ROOTS
In different parts of the west, this was the accepted procedures too. Someone would come out and pick a place and farm or work it. At some point and after some time, it is their land. If they wanted to bet their land in a poker game, they signed something that simply said...I turn over my ranch signed Joe Rancher. Then, whoever won the pot, got that scribble. Banks loan money on the same dynamics too
THE SIMPLE FACTS EXPLORED
The Marshall would now ascertain the facts. Did you play poker? Did you sign over your ranch? Did the bank give you a loan? Well, if yes, then it is not yours anymore. That is how informal transferring property was. The people around the area said whether it was true or not. They were a crude form of Title Insurance.
SPANISH GRANTS...A WILD CARD
Spanish grants on land owned by Spain were done quite the same way plus they used markers and landmarks. giants rocks or rivers were used as boundaries and titles were conveyed stating everything from the River running west to the Rocks beneath the sun in the east is now transferred. These Spanish grants were honored by our early government who at some point had to buy them up
Now, we have to be very detailed about what is going on and how it came about. Chain of title is very important to establish rights especially if there is a dispute. Its like a will in a way. The...I hereby give all I have to John Doe now has to be formally written up with CERTAIN rules to be valid. Same with land transfers too
TITLE INSURANCE BORN
Insuring the transfers turned into a lucrative business. If you could trace the title back to its origin, then it is safe to insure it against all claims. If not, then a service showing where the problem was and how to correct was born. More money to be made. Fast forward it all now
DETAILS ARE MANDATORY NOW
You have specifically worded documents, Title Insurance, Escrows and boundary maps, surveys, mineral, water and oil rights and all the rest of it. We have come along way from someone scribbling on a piece of paper conveying land in a poker game
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