What does the register of deeds office do?

This is where the register of deeds comes in.  

“The register of deeds office is a constitutional office that has existed since the creation of the state of Michigan, and it is charged with collection and protection of property records,” said Jennifer Kirchinger, register of deeds for Manistee County.

Kirchinger said there are a number of ways property records come to her office.

“The property owner can bring the title in themselves, or it can come in through title companies or attorneys,” she said. “The paperwork comes in and we record and date stamp them, then we put them in our computer system. We now have a digital record system.”

Paula Eberhart, register of deeds for Benzie County, said the office of register of deeds was one of the first state offices defined in Michigan’s constitution.

“Real estate records are the foundation of a county’s tax base,” Eberhart said. “We record over 200 types of documents in our office related to property records, such as quit claim deeds, warranty deeds, mortgages and discharges of mortgages, oil and gas leases, mineral rights and land contracts are all examples.”

Eberhart said these documents are used every day by landowners as well as a variety of businesses and organizations.

“Property records are needed by the county treasurer’s office, financial and real estate industries, lending institutions, abstract companies, lawyers, surveyors and the general public,” she said.

Eberhart said her office has to keep property records updated and in a specific order.  

“We have to constantly study the laws that govern our office,” she said. “If we don’t record property records properly, there could be issues.”

Eberhart said there are some common questions and situations that come up at her office on a daily basis.

“One of the most common questions people ask is how to add children to their deed,” she said. “People need to speak with a lawyer for that. Everybody’s situation is different, and we don’t want people doing something not in their best interest.”

She also said people searching property records for restrictions on property up for sale has also been common, especially during the real estate boom of recent years.

“People want to know if there are restrictions on property for sale,” she said. “In the past two or three years that has really been a common request. People want to know before they buy property.”

Eberhart also said people check for easements on their property or property they are looking to purchase.

“They want to know if there is an easement on their land, which means somebody else has the right to use their property in some way, such as having ingress and egress through their land,” she said. “For example, somebody might have an easement so that they can have a driveway through your property if they have property behind yours. Landlocked property cannot legally be sold anymore. There has to be some kind of access easement.”

Eberhart said land patents are gaining popularity as well.

“A lot of people want to be able to claim their land has been in their family for 100 years so they can claim it is a centennial farm or something similar,” she said. “We can trace the chain of titles to make sure it has stayed in the family name. We have records that go back into the late 1800s.”