| title |
| Anglo-French, inscription, legal right, from Old French, from Latin titulum inscription, chapter heading, part of the law that sanctions an action
1 a: the means or right by which one owns or possesses property broadly : the quality of ownership as determined by a body of facts and events b: an instrument (as a deed) that is evidence of ownership c: "certificate of title § 1a" Example: paid tax and title fees 2 a: the name or heading of something (as a proceeding, statute, or book) boften cap : a division of a statutory or regulatory code or of an act Example: Title IX
after-acquired title : title that vests automatically in a grantee when acquired by a grantor who purported to sell the property before acquiring title also : a doctrine that requires such vesting (compare estoppel by deed at estoppel § 1) Note: The doctrine of after-acquired title generally does not apply when the grantor receives title by quitclaim deed; to vest title in the grantee the deed must include words expressing such an intention.
clear title : title that exists free of claims or encumbrances on the property Example: had clear title to the farm broadly : "marketable title" in this entry
equitable title : title vested in one who is considered by the application of equitable principles to be the owner of property even though legal title is vested in another Example: the purchaser under a contract for sale had equitable title to and an insurable interest in the property specif : the right to receive legal title upon performance of an obligation
good title : title to property (as a negotiable instrument or real property) that is valid in fact or law or beyond a reasonable doubt Example: a holder in due course acquires good title to the item esp : "marketable title" in this entry
Indian title : title held by American Indians that consists of the right to occupy certain land with the permission of the United States government Example: appears to be no question that Congress may limit or extinguish Indian title, and any rights appurtenant to the title, without obtaining the consent of the Indian peoples -- In re Rights to Use Water in Big Horn River Sys., 753 P.2d 76 (1988) (compare reservation)
just title in the civil law of Louisiana : a juridical act (as a sale or donation) sufficient to transfer ownership or a real right also : the title that derives from such an act Example: have a just title Note: For the purposes of acquisitive prescription, the requirement of just title is satisfied by an act that would have been sufficient to transfer ownership if it had been executed by the true owner.
legal title : title that is determined or recognized as constituting formal or valid ownership (as by virtue of an instrument) even if not accompanied by possession or use Example: the trustee held legal title to the property Example: retained legal title to the goods until the debt was paid (compare legal interest at interest § 1)
lucrative title ['lü-kre-tiv-] : title to property acquired by gift, succession, or inheritance Example: the property acquired by lucrative title remained the separate property of the spouse
marketable title : title that is subject to no reasonable doubt as to its validity or freedom from encumbrance and that can be reasonably sold, purchased, or mortgaged Example: seller warrants that seller has marketable title to the property specif : title of such quality that a purchaser under contract should be compelled to accept it (called also merchantable title) Note: Clear title and good title are commonly used to indicate marketable title.
onerous title 1 in the civil law of Louisiana : title that depends on the giving of consideration for the property 2 : title to property that is acquired through the labor or skill of a spouse and is included in community property
paper title : title shown on a document Example: had an equitable interest in the property though paper title was held by her husband
paramount title ['par-e-'maûnt-] : title that renders inferior any other title to the property Example: warranted that the purchaser would have quiet enjoyment free from disturbance by one holding paramount title
particular title in the civil law of Louisiana : title by which one possesses or owns particular property received (as by purchase, gift, or legacy) before or after the death of an ancestor Example: a successor by particular title does not continue the possession of his ancestor -- A. N. Yiannopoulos (see also particular legacy at legacy) (compare universal title in this entry)
record title : title shown on the public record
tax title : title obtained by the purchaser of property at a tax sale also : title held by a governmental body to property seized because of tax delinquency
universal title : title acquired by the conveyance causa mortis of a specified proportion (as one-fourth) of all of the conveyor's property interests or all of a specified type of the conveyor's property interests esp. so that upon the conveyor's death the recipient stands as a universal successor Example: was a legatee under universal title
|