“The story of the land” in the abstracts Lincoln and Logan County residents learn
 

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[June 08, 2015]  LINCOLN - On May 30, the Lincoln Historic Preservation Commission sponsored a free workshop for those interested in learning more about a home's history. "All About Abstracts" was held at the Lincoln Public Library.

April Doolin of the Lincoln Historic Preservation Commission welcomed everyone.

Thirteen people gathered in the Pegram room of the library to hear abstract expert Bonnie Young explain what abstracts are and also discuss the various documents they may contain. Young worked as a title abstract expert and former manager of the Logan County Title Company for many years spending much of her time working with abstracts. She noted that the title company had a room full of filing cabinets containing abstracts. Young credits Evelyn Layman and Maxine Menzel with teaching her everything she knows about abstracts.

To give background on abstracts, Young explained that abstracts are the story of the land, not necessarily the home and said that you may have to do quite a bit of reading and researching to find out about the history of a home. The abstract provides of history of the recorded documents connected to a property. As she noted, abstracts often show the laying out of an addition, but do not often show when the house was built.
 


Young said that abstracts often start with the heading commences in U.S. and may also list mortgages, foreclosures, and eminent domains (taken by government). The abstract may say "Is as follows," where all the information is provided verbatim or "Is as part," where some information is left out.

Young stated that people could take in an abstract and have a continuation when refinancing a home. The continuation shows the documents of public record affecting the title to a parcel of land. The documents are thoroughly checked by both an attorney and the title company. Abstract indexes show anything that has been filed against the land. The original abstract covers the plat, which shows how a piece of land is divided.

Young handed out a glossary which explained several types of documents that abstracts may include, such as:

  • affidavits--notarized written statements
     
  • conveyances--the transfer of title to land
     
  • deeds--legal written instruments conveying a title to or interest in the property
     
  • trustee's deed--for land held in trusts
     
  • deed in trust--conveying the property to a trustee
     
  • title--the right to ownership or evidence of ownership of land
     
  • tenancy of entirety--surviving spouse becomes owner of a property
     
  • tenancy in common--co-ownership in which each owner holds interest as if a sole owner
     
  • judgments--rights and claims of parties to an action or suit
     
  • liens--legal claims or holds on a property that can keep borrowers from selling property until a debt is satisfied
     
  • mechanic's lien--statutory liens created in favor of those who work on a building
     
  • joint tenancy--ownership between two or more parties. When one dies, his or her interest passes to the surviving tenant(s)
     


 

  • is pendens--legal document that an action affecting a property has been filed in state or federal court
     
  • plat act--statement in compliance with act
     
  • quitclaim deed--conveyance in which grantor transfers interest in real estate without warranties or obligations

Young noted that searching the abstract may indicate problems in the title. The title examiner renders opinions of problems such as a second mortgage, liens, bankruptcies, and foreclosures. She also shared that abstracts are not used anymore due to economics and liability and are no longer continued since it is very costly. However, anyone who does not have an abstract may be able to look at the abstract and get copies of parts of it at a quarter a page. Often, the abstracts are now converted to title policies, which insures against financial loss in defects or undisclosed errors to the title. These policies show that the title company will stand behind the owner if a problem arises.

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As Young observed, much of the information about properties is on computer now and those interested in learning more about a property can go in and look it up (usually at the courthouse or recorder's office), but you must know what you are looking for since the recorder's office cannot teach you how to look. The title company also has Laredo, a computer program that costs $400 a month. For a small fee, owners can look up information. Young said that searching by name is best.

After an informative presentation, Young fielded several questions about properties and abstracts from attendees. One person asked about issues involving encroachments of garages extending onto another person's property. Young said some encroachments occurred because no surveys were done years ago. She also said you cannot force the person to tear the structure down, but you should tell the realtor if there is an encroachment.

Historical Preservation Commission chairman Karen Sager asked if you can find abstracts without continuations and Young replied that it is not likely. Young explained that Bill Dana did abstracts years ago, so some city directories may show the information, though it is a challenge to find out when a house was built since the courthouse burned down in 1857. Tax rolls may help people find the information.

Previous LHPC chairman April Doolin asked about maps showing additions, and Young stated that city maps and plat books will show any additions. Diane Osborne, who is involved with the Logan County Genealogical and Historical Society, noted that some maps can also be found at the genealogical society, and Young added that maps with the original town layout can be found at the courthouse. Young asserted that for those wanting to learn about Elkhart's layout in its early years, it can be confusing because its layout and addresses have changed and the maps deal with legal descriptions rather than addresses.
 


One person who owns some farmland in Logan County had a question about mineral rights, and Young said the rule of thumb is that if rights have been deeded away, that information will show up in an abstract. She said lots and blocks are easier to find than farmland, which can be confusing and noted that a search may have to go way back.

LCU history professor and LHPC commissioner, Dr. Brian Messner, asked how many years abstracts go back and Young said that they would start out around the 1830s when many soldiers were given land.

Osborne inquired what else might be found in a title file and Young explained that there are both abstracts and title policy files. Young also stated that not everything is public record. For instance, letters from attorneys and some claims would not be public record. Young also said that if you want a title, the title company will want to know why you need it because it is their property. She noted that the Logan County Recorder site can also show some of the information on homes.

Prior to the start of the workshop, Doolin who is the previous chairman of the Lincoln Historic Preservation Commission, explained the commission's purpose. LHPC was established to protect historic architecture.

Doolin said that LHCP is compiling a historic preservation list of neighborhoods, homes, and structures with significance to the community. Doolin and new chairman Karen Sager reported that they are working on a design for plaques that denotes some of these places.

Sager ended the workshop by letting everyone know that the Lincoln Historical Preservation Commission plans to do a fall workshop on the plaques that the commission hopes to place at historic structures.

[Angela Reiners]

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