However, after buying a house in the United States, the title certificate could not be found in all the delivery documents. In other words, there is no document to prove that the owner really "owns" the property. Why is this? This is related to the long-term private ownership of the American real estate market.
The history of American land transaction is much earlier than the establishment of modern standardized transaction system. Proving the ownership of a piece of land requires proof, not proof. Theoretically, all historical records of land transactions must be traced back, otherwise, there will be loopholes in the law. For example, if the current owner (Owner-0) wants to sell a piece of land to the Owner+1, and the owner+ 1 wants to obtain the property right (ownership certificate) of the land, in theory, the Owner-0 should issue a document to prove that:
(1) He legally obtained the land from the owner-1(inheritance, gift and purchase).
(2) You also need to prove that you don't owe taxes, mortgage others, transfer or give to others, and there is no legal dispute in the holding process.
To prove (1), the owner -0 must show all the documents given to him by the owner-1 to prove that the owner-1 is legally owned and held. If this land has been traded for 65,438+000 times in the past 400 years, these documents should include all the documents that all owners have traded in the past: owner-65,438+0, owner -2, owner -3 ...... This is impossible.
In today's real estate transaction, lawyers should ask the property service company to do a property search and check the transaction records of the real estate. However, we can only trace back to 50 years ago, and most of the earlier trading rules have not been formally preserved. The discipline retained by the people may be incomplete, inaccurate and difficult to obtain. Even the official transaction records are difficult to guarantee their accuracy. Therefore, it is difficult for the owner to provide irrefutable evidence to prove that the property he owns today has been legally owned and traded in the history of the property.
In other words, the current owner cannot guarantee 100%. When the property was delivered, one day, a person filed a lawsuit with the court, proving with documents that his grandfather gave 20% of the property rights to his father 50 years ago, and his father's brother resold the property to the penultimate owner without his father's consent. And now the owner is innocent. In this case, what kind of institutional arrangements can guarantee the rights and confidence of both parties to the transaction?