The first title deed (land patent) as well as title abstract is what makes it "common law".
The title abstract is composed of an abstract of all deeds leading back to the patent.
The patent still includes the State in that the State created the patent as well as the survey of the land.
How it was procured would make it "common law" such as using gold and silver coin as well as drawing up the contract that the sale was effected at law.
Contract makes the law
. (maxim)
Registration is a statutory (Roman Civil Law) custom.