Privacy and Personal Information in Land Records

In today’s world, a quick internet search will reveal just how much of your personal information is available to anyone and everyone. But whether it is a genealogy profile or people search website that uncover your personal information, these databases typically pull from a common source: public records. 

For anyone old enough to remember phone books, a phone book is a simple example of a public record. It was not difficult to find your or anyone’s phone numbers and street addresses. But more detailed documentation can be found, such as your real estate transactions and property ownership. 

At the same time, this information needs to be publicly available, at least to some parties for specific purposes. Lenders, buyers, real estate agents, appraisers, and others use land records not only to verify your property exists but also to provide their services when someone is interested in buying, financing, or insuring your property.  

Still, you may be wondering: Is there a way to make my information more private? 

The answer is yes. While it won’t be to your benefit to redact your public land records altogether – as it can increase the risk of fraud and restrict your ability to buy and sell real estate – there are several ways you can make your information more secure.  

If you need to discuss limiting public access to your records, contact Rochford Law & Real Estate Title. 

Property-Related Tennessee Public Records

First, it is helpful to understand that every state or U.S. territory has its own laws about records that must be made public in the interest of its citizens as well as businesses; this includes land records, property transactions, and corresponding personal information.

Tennessee’s Public Records Act (§ 66-24-101) allows a Register of Deeds to file such documents (also known as instruments), including but not limited to:

• Affidavits
• Deeds / Property titles
• Mortgages
• Powers of attorney
• Easements
• Liens / Tax liens
• Maps and aerials

A Register’s records can be searched one of three ways: visiting the office in-person (located in the county seat), contacting and requesting documents from the Register for a fee, or searching and accessing online (if available) for a fee.  

Also, most documents in a Register’s office are indexed and based on the names of the seller/buyer (grantor/grantee), but sometimes they can also be identified simply with the property address. 

Why Protect Your Personal Information? 

Aside from the obvious reason to secure your information from unwanted parties, why else might you want to further protect your public information and privacy? 

Information shielding, for example, involves limiting access to personal information (name, home address, personal phone number, and email address) in government records or online databases that could be used to locate or contact an individual and inflict harm. 

For the following parties whose public title or deed information could put them at-risk, it is not hard to see why shielding their privacy would be important:

• Domestic violence victims
• First responders (police officers, firefighters, military service members)
• Medical professionals
• Judges and legislators
• Public figures 

Other valid reasons for protecting your information include:

• Putting distance between yourself and tenants if you own a rental property
• Protecting information regarding other assets that you own (under your name)
• Protecting you in the event of death, incapacity, or divorce
• Privacy in your estate planning

Ways to Secure Your Information 

As previously mentioned, redacting your information can actually be harmful to you. It can create unintended consequences, including severely restricting or prohibiting you from buying and selling real estate increasing your risk of fraud. But there are ways to add a “privacy gate,” if you will, to your information! 

Here are a few effective ways to protect your privacy in public land records: 

Limit Anonymous Access 

Yes, this is an option! In fact, if you are enrolled in a government-sponsored or -supported property alert service program or program for filed e-documents, your personally identifying information is “not a public record and is not open for public inspection.” In other words, it is exempt from Tennessee’s Public Records Act.

Create an LLC

By forming an LLC, the LLC name would appear on the public record, in the chain of title, the deed, mortgage, and real estate tax bill. An LLC also comes with an operating agreement, which is a detailed contract that allows you (and any other members) to dictate what happens in the event of death, divorce, a dispute, etc. 

Form a Revocable Trust, Realty Trust

Holding your real estate in a revocable trust allows you to determine how your assets will be handled and avoids probate upon your death. In the same way, a realty trust protects the beneficial owners from having their names revealed in a public record. 

Consult Rochford Law & Real Estate regarding these real estate privacy solutions!