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47 Iowa L. Rev. 481 (1961-1962)
The Tract and Grantor--Grantee Indices

handle is hein.journals/ilr47 and id is 503 raw text is: THE TRACT AND GRANTOR-GRANTEE INDICES A practical and convenient means of locating records which an owner of property must rely upon to prove his title and which a prospective pur- chaser must depend upon when making a title search is an indispensable part of a workable system of recordation. Therefore, it is not surprising to discover that statutory provisions providing for some system of indexing which affords a history of the ownership of land and which discloses instru- ments or encumbrances affecting title to real property have been enacted in every state.- There are currently two types of indices in use: (1) the grantor-grantee index, and (2) the tract index. This should not be inter- preted as meaning that a dual system of indexing has always been present in the United States, for under the land owned by the English, French, Mexican, and Spanish governments on the North American Continent, there were no numbered tract systems in existence which could serve as a basis for land description. This was, of course, directly related to the fact that a competent survey had never been made of the land owned by these countries. Under these circumstances, even tax levies had to be against the owners of the land rather than against the land itself.2 Therefore, it was only logical that when some system of indexing was finally adopted the alphabetical or grantor-grantee system of indexing was selected. Nevertheless, even after the United States Government acquired the land formerly held by foreign countries in what is now the United States and adequate Government surveys had been undertaken and completed, the grantor-grantee system of indexing was still retained as the basis of land description. However, it was grad- ually discovered that the grantor-grantee system of indexing was inadequate in many respects. This led several states to enact statutes establishing a tract or numerical system of indexing. Nevertheless, even those states which adopted the tract system of indexing retained the alphabetical system of indexing which they had established at an earlier date.4 Under the grantor-grantee or alphabetical index, pages are assigned in the index to each letter of the alphabet. As an instrument is received at the recorder's office, it is first recorded and then indexed under the name of the granting party on the appropriate page of the index. In addition, the county recorder is usually required to make notations on the grantor's page which ' See 4 AM UCAx LAW Or PROPERTY § 18.12, at 680 (Casner ed. 1952). 2 Ibid. 3NEB. REV. STAT. § 23-1513 (1954); N.D. CENT. CODE ANN. tit. 11, § 18-07 (1960); OxRA. STAT. tit. 19, § 291 (1951); SD. CODE § 12.0703 (1939); UTAH CODE Axx. § 17-21-6(6) (1953); WASH. REv. CODE § 65.12,310 (1958); WVo. STAT. ANx. § 18-127 (1957). See KAx. GEN. STAT. Awx. § 19-1209 (1949) (tract index furnished when- ever county commissioners deem it necessary); Orno REv. CODE AN. § 5309.33 (Page 1953) (same); Wis. STAT. § 59.55 (1959) (no tract index where not presently in use unless ordered by county board). MIN. STAT. § 336.05 (1957) provides for the estab- lishment of a tract index but the section has been interpreted as permissive and not mandatory. See Mnlx. Ops. ATT'Yr GEN., 107-B-1 Dec. 9, 1938. 4NEB. REv. STAT. § 23-1508 (1954); N.D. CENT. CODE Aim. tit. 11, § 18-08 (1960); OE:TA. STAT. tit. 19, § 287 (1951); S.D. CODE § 12.0704 (1939); UTAH CODE ANN. §§ 17-21-6(2)-(3) (1953); WASH. REv. CODE § 65.12.310 (1958). See KAw. Gmar. STAT. A=N. § 19-1205 (1949); MInw. STAT. § 386.03 (1957); Omao Rv. CODE Awx. § 5309.33 (Page 1953); Wrs. STAT. § 59.52 (1959). 19621 NOT.ES

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