Abstract of Title
A condensed history of the title to land, summarizing every conveyance affecting it together with the liens, charges, and liabilities to which it may be subject.
Detailed Definition
An abstract of title is a condensed written history of the title to a tract. The BLM Glossary of Surveying and Mapping Terms defines it as "A condensed history of the title to land, consisting of a synopsis or summary of the material or operative position of all the conveyances, which in any manner affects said land or any estate or interest therein, together with a statement of all liens, charges, or liabilities to which the same may be subject."
That definition has two parts. The first is the chain of conveyances (see Chain of Title). The second is the list of burdens: liens, charges, and liabilities (see Encumbrance).
What an abstract is used for
An abstract is the evidence on which a title conclusion is drawn. The BLM glossary describes evidencing of title as "The submission of proof of title to a tract of land as shown by an abstract of the recorded patent and deeds of transfer, inheritance, court decree, or other means of establishing the title." The abstract itself is a summary. The legal conclusion about who owns what is drawn from it in a title opinion (see Title Opinion).
The mineral patent process shows the same idea on the federal side. Among the requirements BLM lists for a patent application is to "Show the BLM a complete title to the mining claim or mill site."
Scope
The American Association of Professional Landmen (AAPL) treats the scope of an abstract as a skill in itself. One of its training courses covers "identifying essential courthouse title sources" and "defining the appropriate scope of an abstract," with the objective to "Identify the essential courthouse records and title sources needed to prepare a complete abstract."
Where the records come from
- County records. Deeds, mortgages, liens, leases, probate and court records, and the location notices for mining claims, recorded under state law.
- BLM land records. BLM's brochure lists "land status plats (i.e., master title plats or MTPs), land survey notes and maps, mineral survey notes and maps, historical indexes, and the BLM Control Document Index." It describes the Control Document Index as "a microfilm copy of all grants, deeds, patents, rights-of-way, and other official actions" on lands under a BLM state office, "organized by legal land description only."
- General Land Office Records. Images of federal patents, survey plats, and field notes.
Abstract, runsheet, and opinion
A runsheet is the working list of instruments found (see Runsheet). The abstract condenses the operative parts of those instruments. The opinion states the conclusion. On a mineral tract all three are needed for the result to be checked by someone else.
Why it matters in mineral title research
- An abstract for a mineral tract has to cover both the federal record and the county record. A county-only abstract can miss a mineral reservation in the patent.
- On mining claim ground, the abstract also has to cover the BLM mining claim case records, because ownership changes and forfeitures appear there.
Related Terms
Mineral Title
Ownership of the minerals in a tract of land, which may be held together with the surface or severed from it and owned by someone else, including the United States.
Chain of Title
The series of conveyances affecting a tract, arranged in order from the government or other original source of title down to the present holder.
Title Opinion
A written legal opinion on the ownership of land or minerals, based on the record, that identifies the owners, the exceptions and defects found, and the steps needed to cure them.
Runsheet
A landman's working list of the recorded instruments affecting a tract, prepared from courthouse and other title sources as the foundation for an abstract and a title opinion.