Why title Insurance is not required in Aruba
Most of the industrialized world, including Aruba, uses land registration systems for the transfer of land titles or interests in them. Under these systems, the government makes the determination of title ownership and encumbrances on the title based on the registration of the instruments transferring or otherwise affecting the title in the applicable government office. The government’s determination is conclusive. Therefore, title insurance is not required.
A few jurisdictions in the United States have adopted a form of this system, e.g., Minneapolis, Minnesota and Boston, Massachusetts. However, for the most part, the states have opted for a system of document recording in which no governmental official makes any determination of who owns the title or whether the instruments transferring it are valid. The reason for this is probably that it is much less expensive to operate than a land registration system; it doesn’t require the number of legally skilled employees that the registration systems do.
Title insurance is principally a product developed and sold in the United States as a result of the comparative deficiency of the US land records laws. Title insurance is indemnity insurance against financial loss from defects in title to real property and from the invalidity or unenforceability of mortgage liens. It is meant to protect an owner’s or lenders financial interest in real property against loss due to title defects, liens or other matters.
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