Under Title Absolute, a warning on the register for lost deeds has what effect?

Under Title Absolute, a warning on the register for lost deeds has what effect?

• A. Excludes interests that arise before date of registration
• B. Excludes all future interests
• C. Guarantees the owner's exclusive rights
• D. Removes prior encumbrances

Answer: (A)

A warning for lost deeds acts as a safeguard on the register. It signals that a deed affecting the title may exist but cannot be relied upon unless the deed is produced or a claim can be proven by other means. Because of that caution, any interest that would have arisen from a lost deed and which existed before the date of registration is treated as excluded from binding the title as it stands on registration. In other words, the warning protects the current owner by limiting the effect of older, pre-registration interests that might be evidenced by a lost deed. It does not guarantee exclusive rights, remove encumbrances, or apply to all future interests.

A warning for lost deeds acts as a safeguard on the register. It signals that a deed affecting the title may exist but cannot be relied upon unless the deed is produced or a claim can be proven by other means. Because of that caution, any interest that would have arisen from a lost deed and which existed before the date of registration is treated as excluded from binding the title as it stands on registration. In other words, the warning protects the current owner by limiting the effect of older, pre-registration interests that might be evidenced by a lost deed. It does not guarantee exclusive rights, remove encumbrances, or apply to all future interests.