cloud on title – a defect or potential defect in the owners’ title to a piece of land arising from some claim or encumbrance (i.e. a lien, easement, court order)

     This page is continued from Law of Property >>>> Property >>>> Ownership>>>> Title >>>> Chain of Title:

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cloud on title:
(1826)

1. A defect or potential defect in the owners’ title to a piece of land arising from some claim or encumbrance, such as a lien, an easement, or a court order. — aka blot on title.
     See action to quiet title. [1]

1. An outstanding instrument, record, claim, unreleased encumbrance, or defectively executed deed in the chain of title, which superficially renders the title doubtful but is actually illegal or unenforceable for want of equity in enforcement of which equity will take cognizance in a suit for cancellation of the offending instrument or the quiting of te title against the defect or imperfection. 13 Am J2d Canc Inst § 50; 44 Am J1st Quit T § 11; a semblance of title, either legal orequitable, or a claim of a right in lands, appearing in some legal form, but which is, in fact, invalid, or which it would be inequitable to enforce. 44 Am J1st Quiet T § 11. [2]

1. An outstanding potential claim against real estate somewhere in the chain of title, which reduces the market value of the property.
     See defective title. [3]

References:

Disclaimer: All material throughout this website is compiled in accordance with Fair Use.

[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4

[2]: Ballantine’s Law Dictionary with Pronunciations Third Edition by James A. Ballantine (James Arthur 1871-1949).  Edited by William S. Anderson.  © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY.  Library of Congress Catalog Card No. 68-30931

[3]:  Ballantine’s Law Dictionary Legal Assistant Edition
by Jack Ballantine 
(James Arthur 1871-1949).  Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning.  ISBN 0-8273-4874-6.

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