Title in United States
Title Definition
The means whereby the owner of lands hath the just possession of his property. Co. Litt. 345; 2 Bl. Comm. 195. See 1 Ohio, 349. This is the definition of title to lands only.
(1) A bad title is one which conveys no property to the purchaser of an estate.
(2) A doubtful title is one which the court does not consider to be so clear that it will enforce its acceptance by a purchaser, nor so defective as to declare it a bad title, but only subject to so much doubt that a purchaser ought not to be compelled to accept it. 1 Jac. & W. 568; 9 Cow. (N. Y.) 344.
(3) A good title is that which entitles a man by right to a property or estate, and to the lawful possession of the same.
(4) A marketable title is one which a court of equity considers to be so clear that it will enforce its acceptance by a purchaser. The doctrine of marketable titles is purely equitable and of modern origin. Atkins, Titles, 26. At law every title not bad is marketable. 5 Taunt. 625; 6 Taunt. 263; 1 Marsh. 258. See 2 Pa. Law J. 17. There are several stages or degrees requisite to form a complete title to lands and tenements. The lowest and most imperfect degree of title is the mere possession, or actual occupation bf the estate, wi&otit any apparent right to hold or continue such possession. This happenB when one man disseises another. The next step to a good and perfect title is the right of posseBslon, which may reside in one man while the actual possession is not in himself, but in another. This right of possession is of two sorts, an apparent right of possession, which may be defeated by proving a better, and an actual right of possession, which will stand the test against all opponents. The mere right of property, the jus proprietatis, without either possession or the right of possession. 2 Bl. Comm. 195. Title to real estate is acquired by descent, by purchase, and by adverse possession. Title to personal property may accrue in three different ways, by original acquisition, by transfer by act of law, by transfer by act of the parties. Title by original acquisition is acquired by occupancy (see Occupancy) ; by accession (see Accession) ; by intellectual labor (see Literary Property). The title to personal property is acquired and lost by transfer by act of law, in various ways, by forfeiture, succession, marriage, judgment, insolvency, intestacy (q.v.) Title is acquired and lost by transfer by the act of the party by gift, by contract, or sale. In Legislation. That part of an act of the legislature by which it is known and distinguished from other acts; the name of the act. In Literature. The particular division of a subject, as a law, a book, and the like; for example. Digest, book 1, title 2. The name of a newspaper, book, etc. Personal Relations. A distinctive appellation denoting the rank to which the individual belongs in society. The constitution of the United States forbids the grant by the United States or any state of any title of nobility. Titles are bestowed by courtesy on certain officers. The president of the United States sometimes receives the title of Excellency; judges and members of congress, that of Honorable; and members of the bar and justices of the peace are called Esquires. Coeper, Just. Inst. 416; Brackenridge, Law Misc. Titles are assumed by foreign princes, and among their subjects they may exact these marks of honor; but in their intercourse with foreign nations they are not entitled to them as a matter of right. Wheaton, Int. Law, pt. 2, c. 3, I 6. In Pleading. The right of action which the plaintif is has. The declaration must show the plaintiff’s title, and if such title be not shown in that instrument, the defect cannot be cured by any of the future pleadings. Bac Ahr. Pleas, etc. (B 1). In Praotioe.. That part of a pleading or other papw in a cause that states the names of the partteis plaintlflP and deffendant thereto.
Title in Foreign Legal Encyclopedias
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Title | Title in the European Legal Encyclopedia. |
Title | Title in the Asian Legal Encyclopedia. |
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Title | Title in the Australian Legal Encyclopedia. |
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Title | Title in the Antritrust Portal of the American Encyclopedia of Law. |
Title | Title in the Bankruptcy Law Portal of the American Encyclopedia of Law. |
Title | Title in the Constitutional Law Portal of the American Encyclopedia of Law. |
Title | Title in the Tax Law Portal of the American Encyclopedia of Law. |
Title | Title in the and Finance and Banking Portal of the American Encyclopedia of Law. |
Title | Title in the Employment and Labor Portal of the American Encyclopedia of Law. |
Title | Title in the Personal Injury and Tort Portal of the American Encyclopedia of Law. |
Title | Title in the Environmental Law Portal of the American Encyclopedia of Law. |
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Legal Issue for Attorneys
The means whereby the owner of lands hath the just possession of his property. Co. Litt. 345; 2 Bl. Comm. 195. See 1 Ohio, 349. This is the definition of title to lands only.
(1) A bad title is one which conveys no property to the purchaser of an estate.
(2) A doubtful title is one which the court does not consider to be so clear that it will enforce its acceptan
ce by a purchaser, nor so defective as to declare it a bad title, but only subject to so much doubt that a purchaser ought not to be compelled to accept it. 1 Jac. & W. 568; 9 Cow. (N. Y.) 344.
(3) A good title is that which entitles a man by right to a property or estate, and to the lawful possession of the same.
(4) A marketable title is one which a court of equity considers to be so clear that it will enforce its acceptance by a purchaser. The doctrine of marketable titles is purely equitable and of modern origin. Atkins, Titles, 26. At law every title not bad is marketable. 5 Taunt. 625; 6 Taunt. 263; 1 Marsh. 258. See 2 Pa. Law J. 17. There are several stages or degrees requisite to form a complete title to lands and tenements. The lowest and most imperfect degree of title is the mere possession, or actual occupation bf the estate, wi&otit any apparent right to hold or continue such possession. This happenB when one man disseises another. The next step to a good and perfect title is the right of posseBslon, which may reside in one man while the actual possession is not in himself, but in another. This right of possession is of two sorts, an apparent right of possession, which may be defeated by proving a better, and an actual right of possession, which will stand the test against all opponents. The mere right of property, the jus proprietatis, without either possession or the right of possession. 2 Bl. Comm. 195. Title to real estate is acquired by descent, by purchase, and by adverse possession. Title to personal property may accrue in three different ways, by original acquisition, by transfer by act of law, by transfer by act of the parties. Title by original acquisition is acquired by occupancy (see Occupancy) ; by accession (see Accession) ; by intellectual labor (see Literary Property). The title to personal property is acquired and lost by transfer by act of law, in various ways, by forfeiture, succession, marriage, judgment, insolvency, intestacy (q.v.) Title is acquired and lost by transfer by the act of the party by gift, by contract, or sale. In Legislation. That part of an act of the legislature by which it is known and distinguished from other acts; the name of the act. In Literature. The particular division of a subject, as a law, a book, and the like; for example. Digest, book 1, title 2. The name of a newspaper, book, etc. Personal Relations. A distinctive appellation denoting the rank to which the individual belongs in society. The constitution of the United States forbids the grant by the United States or any state of any title of nobility. Titles are bestowed by courtesy on certain officers. The president of the United States sometimes receives the title of Excellency; judges and members of congress, that of Honorable; and members of the bar and justices of the peace are called Esquires. Coeper, Just. Inst. 416; Brackenridge, Law Misc. Titles are assumed by foreign princes, and among their subjects they may exact these marks of honor; but in their intercourse with foreign nations they are not entitled to them as a matter of right. Wheaton, Int. Law, pt. 2, c. 3, I 6. In Pleading. The right of action which the plaintif is has. The declaration must show the plaintiff’s title, and if such title be not shown in that instrument, the defect cannot be cured by any of the future pleadings. Bac Ahr. Pleas, etc. (B 1). In Praotioe.. That part of a pleading or other papw in a cause that states the names of the partteis plaintlflP and deffendant thereto.
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Notice
This definition of Title Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..
Practical Information
Note: Some of this information was last updated in 1982
All of the elements that prove ownership. Title to real property (in U.S. law) is the means whereby a person’s right to the property is established, the means whereby the owner has the legal and just possession of his property.
Equitable title
A person’s right to obtain absolute ownership of property to which another has title under the laws. (See mortgage (in U.S. law).)
Evidence of title
Proof that a seller has good title to property to be conveyed may be evidenced in any one of the following ways: (1) title insurance (in U.S. law) , (2) abstract of title (in U.S. law), (3) certificate (in U.S. law) of Title, and (4) torrens system (in U.S. law). Local custom generally determines which kind of evidence of title will be required upon a sale of real property (in U.S. law). Title insurance is customary in urban centers. An abstract of title and opinion is widely used in rural areas in the Middle West. The certificate of title is popular in the southern states. The Torrens system is used in a few localities throughout the United states.
Broker’s duties with respect to title
In many states (New York included), a broker is under no obligation to ascertain whether his or her principal (in U.S. law) has good title to the property. When the principal employs the broker to sell some property, it is implied that the principal will furnish a good and marketable title to the property. The broker is entitled to a commission even if the transaction is not consummated because of a defect in title, unless the broker’s contract of employment makes the commission dependent upon consummation of the transaction.
A broker may apply for title examination and insurance in behalf of the principal or prospect and direct that the “title report” be delivered to the broker directly. When the report is delivered, the broker should examine it at once and see that the seller clears any objection to title (in U.S. law) disclosed in the report: otherwise closing title (in U.S. law) may be delayed, or the deal may fall through completely. See also opinion of title (in U.S. law)
What is Title?
For a meaning of it, read Title in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Title.
Resources
See Also
Title Insurance; Title Search.
Further Reading (Articles)
Title underwriters.(ranked by Florida income)(Directory)(Statistical Data Included), Florida Trend; December 1, 2001
Title Insurance Premiums Rose With Housing Boom; Consumer Advocates, Government Reports Say the Industry’s Costs Remained the Same, The Washington Post; January 13, 2007; Kathleen Lynn
TITLE COMPANY OWNER AND 2 EMPLOYEES INDICTED IN $4 MILLION MORTGAGE FRAUD SCHEME, US Fed News Service, Including US State News; January 19, 2011
Tracking Title Search Capabilities, Online; May 1, 2001; Notess, Greg R
Title insurance; TITLE TROUBLE; Insurance will cover your lender in case problems arise. But you could need a policy of your own.(HOMES), Star Tribune (Minneapolis, MN); December 8, 2001; Gendler, Neal
Title insurance under microscope, The Record (Bergen County, NJ); December 10, 2006; KATHLEEN LYNN, STAFF WRITER
Title Insurance Versus Title Opinions – What’s Best?, Mondaq Business Briefing; March 22, 2005; Perlmutter, Ted
Title insurance; Title insurance eases nasty surprises; Owner’s title insurance can keep unexpected nightmares such as easement problems from ruining a dream house.(HOMES), Star Tribune (Minneapolis, MN); August 12, 2000; Gendler, Neal
TITLE COMPANY OWNER AND TWO EMPLOYEES INDICTED IN $4 MILLION MORTGAGE FRAUD SCHEME TITLE COMPANIES OPERATED IN THE BALTIMORE, ANNAPOLIS AND WASHINGTON, D.C. METRO AREAS. States News Service; January 19, 2011
Title Insurance Companies Dislike Fee Imposed by Ohio. Knight Ridder/Tribune Business News; September 22, 2002
Title troubles?(Feature Report on Real Estate Law), LawNow; July 1, 2007; Petersson, Sandra Brochu, Shannon
Title Insurers Struggle to Get Up to Web Speed, American Banker; December 20, 1999; Quinn, Lawrence Richter
Title companies protect homebuyers from surprises, Redlands Daily Facts; November 30, 2009; Toni Momberger Real estate
Title Insurance And Land Surveys. Mondaq Business Briefing; March 31, 2004; McGillis, Robin
Title insurance is essential in protecting your investment, The Washington Post; November 27, 2010; Harvey S Jacobs
TITLE PLAY, School Library Media Activities Monthly; June 1, 2006; Zingher, Gary
Title Insurance Is a Refinancing Necessity, The Washington Post; October 1
1, 2003; Benny L. Kass
Title Insurance Agents Take Preventive Measures to Protect Property Rights, Reduce Claims. Pediatrics Week; February 20, 2010
Title Insurer’s Negligent Title Search Precludes Subrogation. Mondaq Business Briefing; September 13, 2011
TITLE COMPANY OWNER AND TWO EMPLOYEES INDICTED IN $4 MILLION MORTGAGE FRAUD SCHEME TITLE COMPANIES OPERATED IN THE BALTIMORE, ANNAPOLIS, AND WASHINGTON, D.C. METRO AREAS. States News Service; January 19, 2011
Title in State Statute Topics
Introduction to Title (State statute topic)
The purpose of Title is to provide a broad appreciation of the Title legal topic. Select from the list of U.S. legal topics for information (other than Title).
Resources
Further Reading
- Information about Title in the Gale Encyclopedia of American Law.
Title
Legislative Definition of TITLE
This Congressional concept is provided by the United States Congress website as a a basic reference document: See official title, popular title, and short title
Title Definition in the Legislative Process
The following is a definition of Title, by the National Conference of State Legislatures (NCSL): A concise statement of the subject and the contents of a bill.
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- Legislative Power
- Legislative History
- Legislative Ethics
- Legislative Session
- Legislature
- Legal Aid
- Legislative Commissions
- Legislative Branch
- Legislation
- Executive Branch
- Legislative Function
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Chain in the context of Real Estate
Resurces
See Also
- Chain Of Title; Chains And Links
Opinion of Title in the context of Real Estate
Resurces
See Also
- Abstract of Title