I don't think deeds will need to be re-recorded. Those documents are already on record.
The validity of the restrictions are what your concern is, and ultimately only a court of law can finally determine that. It is our job to identify any document which can be used in that process. So naturally if you find a restriction renewal that doesn't have all the usual signatures I would still include it in my search product. Because even if the restrictions may no longer apply to a lot owned by someone who did not sign the renewal, it is quite possible there could be legal proceedings created to enforce them none-the-less. And as a title insurance company, we may not want to have to defend that expensive dispute when all we are doing is handling a change in fee ownership. I would list it as an exception on my commitment and let buyer's counsel make the case to my underwriters' counsel that we remove it as an exception on the final policy.
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