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Simple English definitions for legal terms
record
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A quick definition of record:
Record: A record is a legal term that can mean different things. It can refer to filing important documents related to a property, like a deed, with a government office. This helps protect people who want to buy or lend money for the property by making sure they know about any problems with the title. Once a document is recorded, it creates a presumption that it was delivered to the person it was meant for and gives notice to anyone who might be interested in the property. Record can also refer to the official transcript of a trial or hearing, or to any information that is written down or stored electronically and can be easily found later.
A more thorough explanation:
Definition: Record refers to various legal meanings:
- Real Estate: To file a copy of a document that affects a property's title, such as a deed, with the land records office for the county where the property is located. This protects buyers and lenders from unknown title defects and creates constructive notice of the contents of the recorded instrument. For example, an assignment of a mortgage or beneficial interest under a deed of trust can be recorded and serves as constructive notice to all interested parties.
- Legal Proceedings: The official transcript of a trial or public hearing, including all evidence introduced. This is used to establish procedures for how courts review findings of fact by administrative agencies.
- Commercial: Information inscribed on a tangible medium or stored in an electronic or other medium and is retrievable in perceivable form. This could include financial statements, transaction listings, or corporate minutes.
Examples:
- When a person buys a property, they must record the deed with the county recorder's office to protect themselves from any unknown title defects.
- In a court case, the record includes all evidence introduced during the trial or hearing, which is used to review findings of fact by administrative agencies.
- A company's financial record includes a balance sheet, transaction listings, and corporate minutes, which are used to keep track of the company's financial activities.
The examples illustrate how record is used in different legal contexts, such as real estate, legal proceedings, and commercial activities. Recording a deed protects buyers and lenders from unknown title defects, while the record of a trial or hearing is used to review findings of fact. In the commercial context, records are used to keep track of a company's financial activities.