So most of the courthouses in this area work on the Tract Index system.?ÿ Every lot in a subdivision had a book with a page in it for all the activity for this lot.?ÿ Rural areas have a book and page dedicated to it by quarter section.?ÿ This is almost always complete, including easements.?ÿ There are some courthouses that have a grantor/grantee index system.?ÿ This means documents get recorded as they come in the door, period, no index system per se.?ÿ
Most of the time the grantor/grantee system is fairly easy to find a deed, the assessor's office tracks the current deeds out of the need to tax people.?ÿ The problem is when it comes to other documents, in my case an easement.?ÿ We had hoped to luck into finding it by looking at old deeds but so far no luck.?ÿ At this point I'm probably going to give up, the courthouse is a three hour drive and the client needs to provide us this information any way.?ÿ I'm just wondering is there any way to find something like this without some sort of index system by tract??ÿ It will probably take a local title company to get involved.?ÿ
We have a vendor/vendee system.?ÿ Once I have the ownership dates I look under the vendor name for easements.?ÿ The last 20 years are on computer which makes it easy.?ÿ Usually I can go from 2000 to the early 1900's taking from 30 to 60 minutes.?ÿ From time to time it can take longer depending on the amount of property the vendor owned in the parish.?ÿ ?ÿ ?ÿ
Can you isolate the date of?ÿthe easement by other means??ÿ Aerial photos/parol evidence??ÿ?ÿ That can help narrow the search from looking up all the prior owners during all the periods for 100-150 years to say maybe a 10 year search in a narrow list of one or two names. Most of our deeds include a back title reference to make the search backwards easier.?ÿ It is often hiccupped with probate or tax title transfers which can make search a little fun.?ÿ I recently ran two parcels backwards looking for errors in the description (found it .... original description had 60 feet everyone else carried 50 forward).?ÿ That search took about 2-3 hours total and went back through about 15 transfers into handwritten deeds going back about 150 years.
My guess is 1930's, but it could easily be in a period of about 70 years.?ÿ To make matters worse, there is a power plant nearby, no longer in operation, but because of it, there are a lot of high line easements in the area.?ÿ Its also a heavy industrial area so easements all over the place.?ÿ
My limited experience with attempting to use the grantor/grantee index books has been extremely frustrating, even in rural, low-activity counties. ?ÿA prime example is a search I was making for a property where one set of my great-grandparents lived. ?ÿThe deed was filed 17 years after the change of ownership. ?ÿI was guessing on the transaction date so went through about 25 years of records. ?ÿAdding to the frustration was a peculiarity as to how some documents were listed. ?ÿI was searching in the "C" books. ?ÿMany of the documents listed were for "City of Suchandsuch", with nearly every city in the county showing up many, many times.
This is on the Illinois side near St. Louis, so its a pretty urban area and lot of activity.?ÿ
In PA and NJ the Grantor/Grantee indexes cover both deed books and miscellaneous document books. For maps and plats recorded before computer systems there are separate map indexes. If you are striking out check the mortgage indexes, as mortgages may or may not refer to deed documents by book and page as well as grantor to grantee. The worst case is to have to use the tax records to get all the adjoining deeds and fit the puzzle together. I recall one case where the record deed was by bounding adjoiners, last names only , no measures. It was necessary to back search all adjacent deeds to show the adjoiners?ÿ that matched the deed bounds. Not a problem for me, but then I only have 60 years of grantor/grantee experience. My biggest problem then was being able to carry the books.
As to farms, I have seen 100 years pass between filed deeds, as multiple inheritances were only noted in the Prothonotary Office and have seen farms in the same family for 250+ years.
Paul in PA
When possible, it is always good when the client will provide a copy of the existing Title Policy that addresses what affects the property.
I require a copy of a Title Commitment when any bank has required the client to get the property surveyed.
The 3hr drive to the Clerk's office is the biggest drawback in making a survey that far away. Kinda hard hitting the ground with no real info as to what is of record and what is not.
The lack of knowledge about local practices and history of any place can put you in a situation of the luck of a blind hog foraging for the acorn they know is there.
good luck
One trouble with many title commitments lately around here is that they decide to only run the title for 50 years.?ÿ Most of the easements were setup prior to that and are missed by a typical policy search.?ÿ I had an interesting survey where the building abutted another building and had a party wall.?ÿ Atty was adamant that no agreement was on record because it wasn't in the policy.?ÿ An hours search later and I sent him the agreement from 1890.?ÿ I do think some of these searches are best done by a good title atty or their staff.?ÿ You just need to be real specific about the target of the hunt.
