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skissaneyesterday at 8:08 PM3 repliesview on HN

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 compensate you; but you don’t actually get the land back if it has since been sold to an innocent purchaser.


Replies

pdonisyesterday at 8:19 PM

> 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.

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xenadu02yesterday at 8:37 PM

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.

sidewndr46yesterday at 9:30 PM

It's also entirely possible for a judge to just change the records because they don't like them. It's pretty common in Texas to see deed restrictions removed if the local government doesn't want them on there for example.