Question 43

Real estate written instruments should be recorded in the county or district where the real estate is located.

Recording written instruments affecting the title of real estate is essential for establishing priority and providing public notice. Such instruments must be recorded in the county or district where the real estate is physically situated.

A) title holder is presently residing

This option is incorrect because the location of the title holder's current residence does not determine where the real estate instruments should be recorded. Recording must be based on the location of the property itself, not the residence of the owner.

B) title holder has legal residence

Similar to Option A, this choice is incorrect. The legal residence of the title holder is irrelevant to the recording requirements. The correct jurisdiction for recording is tied to the physical location of the real estate.

C) real estate is located

This is the correct answer. Written instruments affecting the title of real estate must be recorded in the county or district where the property is located, ensuring that all parties have access to pertinent information regarding the title.

D) due legal process is to be served

This option is incorrect as it relates to legal proceedings and service of process rather than the proper recording of real estate instruments. The recording location is not contingent upon where legal processes are served, but rather, it is based on the location of the property.

Conclusion

The requirement to record written instruments in the jurisdiction where the real estate is located ensures transparency and public notice regarding property ownership and encumbrances. Options A, B, and D fail to address the fundamental principle of property law that emphasizes the importance of the property's physical location in recording matters. Thus, Option C is definitively correct.