{"id":8589,"date":"2017-11-19T20:12:17","date_gmt":"2017-11-19T20:12:17","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=8589"},"modified":"2018-06-30T20:11:49","modified_gmt":"2018-06-30T20:11:49","slug":"title","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=8589","title":{"rendered":"title – the legal link between a person who owns property and the property itself, without any rightful participation by any other person in any part of it"},"content":{"rendered":"

\u00a0 \u00a0 \u00a0This page is continued from Property<\/a> >>>> Ownership<\/a>:<\/span><\/strong><\/p>\n

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title<\/span>:<\/span><\/strong><\/span>
\n<\/span>(15c)<\/span><\/p>\n

l. The union of all elements (as ownership<\/a>, possession<\/a>, and custody<\/a><\/span>) co<\/span>nstituting the legal right to control and dispose of property; the legal link between a person who owns property and the property itself<\/strong> <no one has title to that land>.\u00a0<\/span><\/p>\n

2. Legal evidence of a person’s ownership rights in property; an instrument (such as a deed<\/a>) that constitutes such evidence<\/strong> <record your title with the county clerk>. <\/strong>[1]<\/span><\/p>\n

1. The legal estate in fee<\/a>, clear of all valid claims, liens, and encumbrances whatsoever, or expressed differently, the ownership<\/a> of land without any rightful participation by any other person in any part of it. Porter v Noyes<\/em>, 2 Me 22<\/span>.<\/span><\/strong><\/p>\n

The union of all the elements which constitute ownership<\/a>, at common law divided into possession<\/a>, right of possession<\/a>\u00a0and right of property, the last two now, however, being considered essentially the same. Carrol v Newark<\/em>, 108 NJ 323, 158 A 485, 79 ALR 509<\/span>.<\/span><\/strong><\/p>\n

The foundation of ownership<\/a>; the basis of a person’s right or the extent of his interest. \u00a0The means whereby an owner is enabled to maintain or assert his possession<\/a> and enjoyment. 42 Am J1st Prop\u00a0\u00a7 36<\/span>.<\/span><\/strong><\/p>\n

The right of an owner considered with reference either in the manner in which the property has been acquired or its capacity of being effectually transferred. 42 Am J1st Prop\u00a0\u00a7 36<\/span>.<\/span><\/strong><\/p>\n

Under the Uniform Stock Transfer Act, title means legal title and does not include a merely equitable or beneficial ownership or interest. Lyons v Freshman<\/em>, 124 Mont 485, 226 P2d 775, 23 ALR2d 1165<\/span>.<\/span><\/strong>\u00a0[2]<\/span><\/p>\n

1. The rights of an owner with respect to property, real or personal, i.e., possession<\/a> and the right of possession<\/a>.<\/span><\/strong>
\n\u00a0 \u00a0 \u00a0See abstract of title<\/em>,\u00a0covenants for title<\/em>; cover of title<\/em>; examination of title<\/em>; muniment of title<\/em>; paper title<\/em>; paramount title<\/em>; perfect title<\/em>; record title<\/em>; root of title<\/em>; tax title<\/em>; Torrens title system<\/em>; unity of title<\/em>; warranty of title<\/em>; worthier title doctrine<\/em>.<\/span><\/p>\n

2. A document that evidences the rights of an owner; i.e., ownership rights. \u00a0EXAMPLES in the case of real property, a deed<\/a>; in the case of personal property, a bill of sale.<\/span><\/strong>
\n\u00a0 \u00a0 \u00a0See certificate of title<\/em>; document of title<\/em>. [3]<\/span><\/p>\n

\u00a0 \u00a0 \u00a0Excerpt from Kent McNeil’s\u00a0Common Law Aboriginal Title<\/em><\/a><\/span>\u00a0(1989):<\/strong><\/span><\/p>\n

\u00a0 \u00a0 \u00a0\u201cThough employed in various ways, [title] is generally used to describe either the manner in which a right to real property is acquired, or the right itself. \u00a0In the first sense, it refers to the conditions necessary to acquire a valid claim to land; in the second, it refers to the legal consequences of such conditions. \u00a0These two senses are not only interrelated, but inseparable: given the requisite conditions, the legal consequences or rights follow as of course; given the rights, conditions necessary for the creation of those rights must have been satisfied. \u00a0Thus, when the word \u2018title\u2019 is used in one sense, the other sense is necessarily implied.<\/span>\u201d<\/strong> [4]<\/span><\/p>\n

Related Terms:<\/span><\/strong><\/p>\n

deed<\/span><\/a> – a written instrument conveying real property or an interest<\/a> <\/span>ther<\/span>ein.\u00a0<\/strong>\u2014<\/span> aka\u00a0<\/span>evidence of title<\/span><\/strong><\/em>.<\/span><\/span><\/p>\n

Types of Title:<\/span><\/strong><\/span><\/p>\n

good title<\/span><\/a> – a legal<\/a>\u00a0<\/span>and equitable title<\/a>\u00a0free from litigation, palpable defects, and grave doubts, not dependent upon any question of fact,\u00a0<\/span>and fairly deductible of record; has no\u00a0outstanding interest<\/a>, lien<\/a>, encumbrance<\/a>, or claim<\/a> that could def<\/span>eat or impair the interest<\/a>; a person of reasonable prudence<\/a> and intelligence, guided by competent legal advice, would \u00a0be willing to pay fair market value.<\/span><\/span><\/span><\/strong>\u2014 aka clear title<\/span><\/strong><\/em>; marketable title<\/span><\/strong><\/em>; merchantable title<\/strong><\/em><\/span>.<\/span><\/p>\n