Why are many railroad titles opaque?
Historically, title to real property could be acquired by the railroad company
by various means: Legislative grant, purchase, condemnation or prescriptive
use. However, in contrast to the usual operative instrument that vests the real
estate title in non-railroad enterprises, the deed, the types of instruments that
have served to vest title or other interests in railroad companies have varied
considerably, and have included deeds, United States land patents, easements,
and other conveyances. In some instances, no instrument or source of title
whatsoever was filed in the local public land records.
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