Recordation is a legal term that refers to the act of officially recording or registering a document, transaction, or instrument with a proper authority, usually a government agency or office. This process ensures the public availability and preservation of such records for legal purposes.
In the context of real estate, recordation generally relates to the registration of property-related documents, such as deeds, mortgages, liens, or encumbrances, in the appropriate land records office or registry. By officially recording these documents, their existence, enforceability, and priority can be established, providing clarity and protection to all parties involved.
Recordation serves various important functions. First, it creates a public record, making the information contained in the recorded document accessible to interested parties, including potential buyers, lenders, and title searchers. Second, it establishes a chronological order or priority among recorded documents, ensuring that subsequent transactions or claims are subject to prior recorded interests. Third, recordation acts as constructive notice to the world, meaning that parties are deemed to have knowledge of the recorded document's contents, even if they do not physically inspect the record.
Recordation requirements and procedures may vary across jurisdictions, but generally involve submitting the document, paying required fees, and obtaining a recording stamp, endorsement, or other proof of filing. Failure to properly record certain documents may result in their invalidity or hinder their enforceability.
