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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)
- lis 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] |
