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.

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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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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)

(Revised by Ann De Vries)

What is Title?

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Title in State Statute Topics

Introduction to Title (State statute topic)

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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.

Title

Title in United States

Title Definition

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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

Evidence of title

Broker’s duties with respect to title

What is Title?

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Title in State Statute Topics

Introduction to Title (State statute topic)

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Title

Legislative Definition of TITLE

Title Definition in the Legislative Process

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Chain in the context of Real Estate

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Opinion of Title in the context of Real Estate

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