Records of Documents That Affect an Interest in Property: Which of the following reflects admissibility?

• A. The record is admissible to prove the content of the original recorded document, together with its signing and its delivery by each signer, kept in a public office, and authorized by statute.
• B. The record is admissible if the record is kept in a private file.
• C. A statute is not required for recording such documents.
• D. The record may be admitted without showing signing and delivery.

Answer: (A)

Records of documents that affect an interest in property are treated as public records. When such a document has been recorded in a public office under a statute authorizing recording, the record may be admitted to prove the content of the original document, including the signing and delivery by each signer. This rule relies on the reliability of official records and avoids proving every detail of the original through separate testimony. If the record is kept only in a private file, there is no public-records basis for admission. Likewise, there must be a statute authorizing the recording; and you generally must show the signing and delivery of the original. So, this description precisely captures when and how the record may be admitted.