Question 60

Written instruments affecting the title of real estate should be recorded in the county or district where the real estate is located.

Recording written instruments that affect real estate titles is essential to establish a public record of ownership, and this process must occur in the jurisdiction where the property itself is situated.

A) title holder is presently residing

This option is incorrect because the location of the title holder's current residence is not relevant to the recording of real estate instruments. Real estate laws require that such documents be recorded based on the property's location, not the owner's residence.

B) title holder has legal residence

Similar to Option A, this choice is inaccurate as it focuses on the title holder's legal residence rather than the property's actual location. The essential factor for recording is the jurisdiction of the real estate itself.

C) real estate is located

This option is correct because it emphasizes that the recording of instruments affecting real estate must take place in the county or district where the property is situated. This ensures that the public record accurately reflects ownership and any encumbrances related to the property.

D) due legal process is to be served

This choice is incorrect as it pertains to legal procedures rather than the requirements for recording property titles. While legal process may be relevant in various contexts, it does not govern where real estate documents should be recorded.

Conclusion

The correct answer is C, as it directly addresses the requirement that instruments affecting real estate titles must be recorded in the jurisdiction where the property is located. Options A, B, and D fail to recognize this crucial aspect, focusing instead on the title holder's residence or unrelated legal processes, which are not pertinent to the recording of real estate documents.