Quick Answer
When public records conflict, title professionals investigate the source and legal significance of each record, comparing deeds, legal descriptions, surveys, tax assessments, probate records, court documents, and other recorded instruments to determine which record controls and what curative steps may be needed.
Public records are maintained by different government offices for different purposes. It is not uncommon for those records to disagree about ownership, boundaries, or other material facts.
Example
The county assessor's records show the property as 1.2 acres with an assessed value of $250,000. The recorded plat map shows the lot as 0.8 acres. The deed's legal description references a survey that shows different boundary lines. Which record is correct? The title examiner must reconcile these differences.
Real-World Example
In a Michigan case, a property had a correct street address but an incorrect legal description in multiple recorded documents. The error involved a decades-old deed that described a different parcel, combined with a later parcel-number and measurement discrepancy that entangled the records further. Resolving the conflict required tracing the chain of title back to the original source documents. 1st Option Title, Scott Horne, and Horne & Associates did not handle this matter. It is referenced here for educational purposes.
Why Do Records Conflict?
Records can conflict for many reasons. Different government offices may use different identifiers for the same property. Recording errors can introduce discrepancies. Property boundaries may have been adjusted through legal proceedings that were not consistently recorded across all offices. Clerical errors happen in every record-keeping system.
What Does Title Examine?
When records conflict, the title examiner reviews the recorded chain of title, the legal descriptions in each recorded document, survey records, tax records, probate records, and any court orders affecting the property. The examiner determines which record has legal priority and what evidence is needed to resolve the conflict. Learn what the legal description tells you. Learn why buyers should review the legal description.
Is the Tax Assessor Always Right?
No. Tax assessor records are maintained for tax assessment purposes, not for determining legal ownership or property boundaries. Tax records can contain errors, and the tax assessor's designation of ownership does not necessarily reflect legal title. Learn more about what happens when records conflict.
FAQs
Which public record controls if records conflict?
The recorded chain of title generally controls for ownership purposes. For boundaries, the recorded plat or legal description typically controls over tax assessor records. Survey records, if available, may also help resolve boundary conflicts.
Can conflicting records delay closing?
Yes, if the conflict affects the title insurer's willingness to insure the property. The title company will typically require the conflict to be resolved before issuing a policy.