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221 Cannon is Not For Sale

fredbenenson.com

71–80 of 278 posts

Re: 221 Cannon is Not For Sale

#71
post #21

1. Author lost me at his first sentence: "Like most people, I’ve had my identity stolen once or twice in my life." I am careful and aware of this possibility, but AFAIK I have not experienced this, nor have "most people" I know. o_O Crazy times. 2. I don't even understand how a title transfer could happen without verifying ownership. Is the title system in the USA decentralized or that much different than elsewhere?…

I also wondered why someone would own an empty lot in another town for years on end and neither build on it nor sell it.

Optionality. There is also a lot of cheap land in the US, so it often isn't a large investment.

Re: 221 Cannon is Not For Sale

#72
post #61

Earlier quoted context omitted.

> how is ownership established if there is no single source of truth? There is: the county clerk in the county where the land is located.

No, the county clerk records aren’t a “single source of truth”. In the US system, it is possible to convince a court the county records are wrong, and order them overridden-which makes them not the single source of truth. By contrast, in the Torrens system, whatever the government records say are final. If you are the innocent victim of a mistake by the government (or a fraud against it), the government has to compen…

> in the Torrens system, whatever the government records say are final

First, it doesn't seem like that's always the case, based on another post upthread talking about a land ownership case that went to the high court because of an error in the government's records.

Second, since there is no single government for the entire world, any government trying to implement a Torrens system is still going to face the problem of events happening outside its jurisdiction that its records do not and cannot contain, which affect ownership of property in its jurisdiction. So there cannot be a "single source of truth" in the sense you appear to be using the term, even in the Torrens system.

Re: 221 Cannon is Not For Sale

#73

Earlier quoted context omitted.

"No, the United States doesnt have a central land registry [..]" Fascinating, how is ownership established if there is no single source of truth? I feel the answer to this is also crucial to understanding OP. It could be a minor annoyance or the real possibility to lose your land.

> how is ownership established if there is no single source of truth? Oh, boy, let me tell you it is very disconcerting to pay a title company to do a search of legal records on a property, and the only guarantee they offer in some states is that "we didn't find anything suspicious but there is no guarantee that someone from the past won't pop up with a better claim to ownership. You can't hold it against us if that…

  > You can't hold it against us if that happens
No, what you describe is the entire purpose of owners title insurance. The idea that it “only covers previous owner” is false, it covers a wide variety of title defects.

Re: 221 Cannon is Not For Sale

#74
post #61

Earlier quoted context omitted.

> how is ownership established if there is no single source of truth? There is: the county clerk in the county where the land is located.

But at least in some places in the US that's actually just a log of some kinds of transactions (sales and mortgages): you don't have a normalized field in a database somewhere that spits out "this person owns this spot" instead you have to build up from each individual transaction- plus there are transactions that don't take place on the log, e.g. deaths and inheritance or marriage/divorce that could take place outsi…

> at least in some places in the US that's actually just a log of some kinds of transactions

That's true--but as I pointed out just now in response to another post, since there is no single government having jurisdiction over the entire world, there is always the possibility of events happening outside a given jurisdiction that affect the ownership of property in that jurisdiction. No system of records in a jurisdiction can completely prevent that.

Re: 221 Cannon is Not For Sale

#75
post #43

1. Author lost me at his first sentence: "Like most people, I’ve had my identity stolen once or twice in my life." I am careful and aware of this possibility, but AFAIK I have not experienced this, nor have "most people" I know. o_O Crazy times. 2. I don't even understand how a title transfer could happen without verifying ownership. Is the title system in the USA decentralized or that much different than elsewhere?…

I'm equally careful and aware. Years ago, now, I discovered that someone in New Mexico (if I recall correctly) was working under my Social Security number. That was likely someone not authorized to work in the US writing random digits on an I9 form. No amount of care will protect against that. It wasn't easy to clear up, either. I'm fortunate that a close friend worked (at the time) for the SS administration, and was…

I'm surprised I haven't had more problems with identity theft. Equifax handed all our financial information to criminals a decade ago. Then last year the US government handed all our financial information to a con man.

Re: 221 Cannon is Not For Sale

#76
post #43

1. Author lost me at his first sentence: "Like most people, I’ve had my identity stolen once or twice in my life." I am careful and aware of this possibility, but AFAIK I have not experienced this, nor have "most people" I know. o_O Crazy times. 2. I don't even understand how a title transfer could happen without verifying ownership. Is the title system in the USA decentralized or that much different than elsewhere?…

I'm equally careful and aware. Years ago, now, I discovered that someone in New Mexico (if I recall correctly) was working under my Social Security number. That was likely someone not authorized to work in the US writing random digits on an I9 form. No amount of care will protect against that. It wasn't easy to clear up, either. I'm fortunate that a close friend worked (at the time) for the SS administration, and was…

>That was likely someone not authorized to work in the US writing random digits on an I9 form.

I used to work a job years ago with lots of people who snuck in here. In order to get the job they needed to provide a social. Not having any idea wtf a social security number was, just that they needed one, it was a relief when someone they lived with or met on the street informed them that xyz at location abc will sell you one for $100.

That's one spot where the identity theft rubber meets the road. And practically everyone's social has been leaked by now.

Re: 221 Cannon is Not For Sale

#77
post #21

1. Author lost me at his first sentence: "Like most people, I’ve had my identity stolen once or twice in my life." I am careful and aware of this possibility, but AFAIK I have not experienced this, nor have "most people" I know. o_O Crazy times. 2. I don't even understand how a title transfer could happen without verifying ownership. Is the title system in the USA decentralized or that much different than elsewhere?…

I also wondered why someone would own an empty lot in another town for years on end and neither build on it nor sell it.

See I can understand this. e.g. a family asset for children, a property to build a retirement home on, a hunting property, or simply a real investment.

Re: 221 Cannon is Not For Sale

#78
post #72

Earlier quoted context omitted.

No, the county clerk records aren’t a “single source of truth”. In the US system, it is possible to convince a court the county records are wrong, and order them overridden-which makes them not the single source of truth. By contrast, in the Torrens system, whatever the government records say are final. If you are the innocent victim of a mistake by the government (or a fraud against it), the government has to compen…

> in the Torrens system, whatever the government records say are final First, it doesn't seem like that's always the case, based on another post upthread talking about a land ownership case that went to the high court because of an error in the government's records. Second, since there is no single government for the entire world, any government trying to implement a Torrens system is still going to face the problem…

In the Torrens system, if you do not register the transfer of property with the government, then the transfer hasn't happened. So whatever else happens in the rest of the world doesn't matter (at least, unless the land itself is annexed by another government).

(And, from similar cases in the UK which has this system, if the land registry fucks up the transfer is still final and this has been upheld by the court, the government may just be liable for damages)

Re: 221 Cannon is Not For Sale

#79
post #72

Earlier quoted context omitted.

No, the county clerk records aren’t a “single source of truth”. In the US system, it is possible to convince a court the county records are wrong, and order them overridden-which makes them not the single source of truth. By contrast, in the Torrens system, whatever the government records say are final. If you are the innocent victim of a mistake by the government (or a fraud against it), the government has to compen…

> in the Torrens system, whatever the government records say are final First, it doesn't seem like that's always the case, based on another post upthread talking about a land ownership case that went to the high court because of an error in the government's records. Second, since there is no single government for the entire world, any government trying to implement a Torrens system is still going to face the problem…

> is still going to face the problem of events happening outside its jurisdiction that its records do not and cannot contain

Excuse my German ignorance, but my understanding of how it works here is that unless the transfer is notarized, logged and recorded with the local authority, there has not been a legal transfer. So, by that definition of land ownership, no "events outside of its jurisdiction" can take place. Any such agreements become binding only upon their verified registration. A notary is responsible not only for confirming the transfer but also as independent consultant so neither party gets seriously ripped off. (And if they didn't, they would be in serious liability trouble.)

The "share of the database" is managed and owned by the local government, but its records are available all across Germany for authorities to look up. The vector database of lots is public, and there are procedures to request access to ownership documents for various purposes. The procedure is that when you want to buy a certain property, the owner confirms that you have permission to get the official record directly from the land registry, which then become the basis for any serious negotiations as what is recorded there is in fact the single source of truth.

Re: 221 Cannon is Not For Sale

#80
post #61

Earlier quoted context omitted.

> how is ownership established if there is no single source of truth? There is: the county clerk in the county where the land is located.

No, the county clerk records aren’t a “single source of truth”. In the US system, it is possible to convince a court the county records are wrong, and order them overridden-which makes them not the single source of truth. By contrast, in the Torrens system, whatever the government records say are final. If you are the innocent victim of a mistake by the government (or a fraud against it), the government has to compen…

FWIW even in the US system the courts usually won't order someone off land they are living on or using even if this were the case. At worst they would order compensation be paid - which is what title insurance actually covers.

Many states have a statute of limitations anyway. If you live on the land and pay the property taxes for N years everything else becomes irrelevant. Either the title was transferred to you or you squatted on abandoned land for N years: in both cases it becomes yours.

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