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Encyclopedia > Title (property)

Title is a legal term for an owner's interest in a piece of property. It may also refer to a formal document that serves as evidence of ownership. Conveyance of the document may be required in order to transfer ownership in the property to another person. Title is distinct from possession, a right that often accompanies ownership but is not necessarily sufficient to prove it. In many cases, both possession and title may be transferred independently of each other. Aphorism Critical legal studies Jurisprudence Law (principle) Legal research Letter versus Spirit List of legal abbreviations Legal code Natural justice Natural law Philosophy of law Religious law External links Find more information on Law by searching one of Wikipedias sibling projects: Wikibooks Wikiversity has more about this subject: School... // Use of the term The concept of property or ownership has no single or universally accepted definition. ... For the R.E.M. album, see: Document (album) A document is a writing that contains information. ... dont oppress my art ... Possession is having some degree of control over something else. ... A right is the power or privilege to which one is justly entitled or a thing to which one has a just claim. ...


Elements

The three elements of title are possession, the right of possession, and the right of property. Possession is the actual holding of a thing, with or without any right thereto. The right of possession is the right to legitimacy of possession (with or without actual possession), the evidence for which is such that the law will uphold it unless a better claim is proven. The right of property is that right which, if all relevant facts were known (and allowed), would defeat all other claims. Each of these may be in a different person. Possession is having some degree of control over something else. ... The right of possession means that someone currently holds something in hand and this person may be the temporary keeper or the long-term owner of an object. ...


For example, suppose A steals from B, what B had previously bought in good faith from C, which C had earlier stolen from D, which had been a heirloom of D's family for generations, but had originally been stolen centuries earlier (though this fact is now forgotten by all) from E. Here A has the possession, B has an apparent right of possession (as evidenced by the purchase), D has the absolute right of possession (being the best claim that can be proven), and the heirs of E, if they knew it, have the right of property, which they cannot prove. Good title consists in uniting these three (possession, right of possession, and right of property) in the same person(s).


The extinguishing of ancient, forgotten, or unasserted claims, such as E's in the example above, was the original purpose of statutes of limitations. Otherwise, title to property would always be uncertain. A statute of limitations is a statute in a common law legal system setting forth the maximum period of time, after certain events, that legal proceedings based on those events may begin. ...


Applications

In countries with a sophisticated private property system, documents of title are commonly used for real estate, motor vehicles, and some types of intangible property. When such documents are used, they are often part of a registration system whereby ownership of such property can be verified. In the case of real estate, the legal instrument used to transfer title is the deed. A famous rule is that a thief cannot convey good title, so title searches are routine (or highly recommended) for purchases of many types of expensive property (especially real estate). This page deals with property as ownership rights. ... Real estate is a legal term that encompasses land along with anything permanently affixed to the land, such as buildings. ... Real estate is a legal term that encompasses land along with anything permanently affixed to the land, such as buildings. ... A deed is a legal instrument used to grant a right. ...


However, most personal property items do not have a formal document of title. For such items, possession is the simplest indication of title, unless the circumstances give rise to suspicion about the possessor's ownership of the item. Transfer of possession to a good faith purchaser will normally convey title if no document is required. Personal property is a type of property. ... For the practice in Wikipedia, see Wikipedia:Assume good faith. ...


Political Implications Of Title

Title laws have often been manipulated by governments to discriminate against ethnic groups whom they perceived to be undesirable or inferior. For example, California prevented aliens (mainly Asians) from holding title to land until the law was declared unconstitutional in 1952. Currently there are no restrictions on foreign ownership of land in the United States, although sales of real estate by non-resident aliens are subject to certain special taxation rules. State nickname: The Golden State Other U.S. States Capital Sacramento Largest city Los Angeles Governor Arnold Schwarzenegger (R) Senators Dianne Feinstein (D) Barbara Boxer (D) Official language(s) English Area 410,000 km² (3rd)  - Land 404,298 km²  - Water 20,047 km² (4. ... The term Asian in a geographical sense simply refers to something or someone from Asia. ... Land is sometimes used synonymously with country. ... Constitutionality is the status of a law, procedure, or act being in accordance with the laws or guidelines contained in a constitution. ...


  Results from FactBites:
 
First American - Title Insurance FAQ's (844 words)
Title insurance provides the insured with "peace of mind" in knowing that you are receiving good and meritable title to the real estate you are purchasing.
Without an owner's title insurance policy, you may not be fully protected against errors in the public records, hidden defects not disclosed by the public records, or mistakes made during the examination of the title of your new property.
Title insurance includes coverage for legal expenses that may be necessary to investigate, litigate, or settle an adverse claim.
Title (property) - Wikipedia, the free encyclopedia (545 words)
Title is a legal term for an owner's interest in a piece of property.
Title is distinct from possession, a right that often accompanies ownership but is not necessarily sufficient to prove it.
Title laws have been manipulated by governments to discriminate against ethnic groups whom they perceived to be of a minority group, not necessarily undesireable or inferior.
  More results at FactBites »

 

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