Define: Chain Of Title

The chain of title refers to the historical ownership records or documentation tracing the transfer of ownership of a property from one owner to another over time. This documentation typically includes deeds, mortgages, liens, and other legal instruments that establish a clear and unbroken sequence of ownership. The chain of title is crucial in real estate transactions to verify ownership rights, identify any encumbrances or defects in title, and ensure that the seller has the legal authority to transfer the property to the buyer. A complete and accurate chain of title is essential for establishing legal ownership and protecting the interests of property owners and buyers.

A chain of title is the sequence of historical transfers of title to a property. The “chain” runs from the present owner back to the original owner of the property. In situations where documentation of ownership is important, it is often necessary to reconstruct the chain of title. To facilitate this, a record of title documents may be maintained by a registry office or civil law notary.

Chain Of Title For Real Property

Real estate is one field where the chain of title has considerable significance. Various registration systems, such as the Torrens title system, have developed to track the ownership of individual pieces of real property. In real estate transactions in the United States, insurance companies issue title insurance based upon the chain of title to the property when it is transferred. Title insurance companies sometimes maintain private title plants that track real estate titles in addition to the official records. In other cases, an abstract of title that is occasionally, but not always, certified by an attorney establishes the chain of title.

Chain Of Title For Copyrights, Trademarks, And Rights Of Publicity

In the motion picture industry, the chain of title involves a series of documents that establish proprietary rights in a film. The chain also applies to compilations in other fields, where many people have contributed to the project, thus acquiring authorship rights, or where materials were culled from many sources. The chain of title is extremely important to film purchasers and to film distributors, as it establishes the veracity of the owner’s proprietary rights (or rights under licence) in the intellectual property in a film, book, or encyclopaedia.

Chain-of-title documentation can include:

• copyright clearances on music from the regional collecting society and, to a lesser extent, footage of other films;
• trademark clearances;
• talent agreements, which should incorporate a legal release from the talent, be they actors (including crowds), directors, cinematographers, choreographers, or others, to use their works, images, likeness and other personality rights in the film;
• proof of errors and omission insurance (a special form of insurance for motion picture producers which covers omissions in obtaining adequate chain of title).

Specialist organisations engage in the production of copyright property reports for motion picture studios, which cover original or unexploited works and include the results of United States Copyright Office screening searches, author claimant searches, registration renewal searches and assignment searches. This involves reviewing US Copyright Office records from 1870 to present, numerous trade publications and databases, and Library of Congress records.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 11th April, 2024.