title

title
ti·tle n [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
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
◇ 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
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
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
a holder in due course acquires good title to the item; esp: marketable title in this entry
In·di·an title: title held by American Indians that consists of the right to occupy certain land with the permission of the United States government
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 peoplesIn 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
have a just title
◇ 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
the trustee held legal title to the property
retained legal title to the goods until the debt was paid compare legal interest at interest 1
lu·cra·tive title /'lü-krə-tiv-/: title to property acquired by gift, succession, or inheritance
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
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;
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
had an equitable interest in the property though paper title was held by her husband
par·a·mount title /'par-ə-ˌmau̇nt-/: title that renders inferior any other title to the property
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
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
was a legatee under universal title
b: an instrument (as a deed) that is evidence of ownership
paid tax and title fees
2 a: the name or heading of something (as a proceeding, statute, or book)
b often cap: a division of a statutory or regulatory code or of an act

Merriam-Webster’s Dictionary of Law. . 1996.

title
I (designation) noun appellation, caption, denomination, heading, inscription, label, name, rubric, sign, signification, superscription, tag associated concepts: title of statute II (division) noun article, branch, chapter, clause, item, paragraph, part, portion, provision, section, statement, term III (position) noun employment, office, post, rank, situation, station, status IV (right) noun authority, authorization, claim, deed, domain, droit, entitlement, equity, interest, legal title, ownership, permission, possession, power, prerogative, prescription, proprietorship, right, sanction, stake, tenure, vested interest associated concepts: absolute title, abstract of title, acquisition of title, apparent title, chain of title, claim of title, clear title, cloud on title, color of title, defeasible title, disparagement of title, documents of title, equitable title, failure of title, good title, imperfect title, marketable title, merchantable title, nominal title, paramount title, perfection of title, prima facie title, quieting title, reservation of title, superior title, title by adverse possession, title by deeds, title by prescription, title insurance, title search, title to property, unmarketable title, warranty of title, worthier title foreign phrases:
- Praescriptio est titulus ex usu et tempore substantiam caplens ab auctoritate legis. — Prescription is a title by authority of law, deriving its force from use and time.
- A piratis et latronibus capta dominum non mutant — Things captured by pirates and robbers do not change title
V index caption, claim (right), degree (academic title), denominate, denomination, designation (symbol), dominion (absolute ownership), fee (estate), heading, interest (ownership), label, nominate, ownership, possession (ownership), prerogative, privilege, prize, right (entitlement), seisin, stake (interest), subheading, term (expression)

Burton's Legal Thesaurus. . 2006


title
n.
(1) A right or claim of ownership of property.
(2) The official name of a job or position; the formal address given to a person in a position or job or of particular social status.
(3) The name of a book, article, artwork, or other creation.
(4) The name of a legislative bill or legal action.
v.
To name a book or other composition or creation.

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.


title
in general terms a title to an asset relates both to a person's right to enjoyment of that asset and the means by which that right has accrued and by which it is evidenced. Thus, for example, a stock or share certificate is evidence of the right of the person named therein to ownership of the specified amount of stock or shares. In relation to land, titles may be either registered (registered land) or unregistered (unregistered land). The Land Registration Act 1925 provides for four types of registered title, each backed up by a state guarantee; the different types of title correspond to the extent of that guarantee. These are an absolute title, a good leasehold title, a possessory title and a qualified title. Registration with an absolute freehold or leasehold title confers a full guarantee against claims arising before or after first registration; registration with a good leasehold guarantees that the lease is valid but does not guarantee that the freehold or other superior interest out of which the grant was made is valid; registration with a qualified title guarantees against all claims except those deriving from a specified instrument or specified circumstances.
In the case of land subject to the Land Registration Acts, a proprietor's title is constituted by the entry of his name on the register; the land certificate that is issued constitutes evidence of that title.
In the case of land not subject to the Land Registration Acts (See unregistered land), title is shown by tracing transactions affecting the land from deeds that constitute a good root of title, ending with the deeds transferring the land to the current owner. The deeds relating to each of these transactions are referred to as links in what is known as the chain of title; the last link, obviously, is the conveyance to the current owner. For a deed to qualify as a good root, it must:
(1) deal with the whole legal and beneficial interest in the land;
(2) cast no doubt on the validity of the title;
(3) relate to a transaction for valuable consideration; and
(4) relate to a transaction effected at least 15 years before the date of the transaction sought to be effected.
In relation to goods, an inaccurate summary of the detailed legal rule that follows would be to say that a seller or supplier in relation to other suppliers of goods promises the buyer that the buyer will be the owner of the goods and be able to enjoy the fruits of that ownership. In a contract of sale of goods other than one in which there appears from the contract or is to be inferred from its circumstances an intention that the seller should transfer only such title as he or a third person may have, there is an implied condition on the part of the seller that in the case of a sale he has a right to sell the goods and in the case of an agreement to sell he will have such a right at the time the property is to pass. There is also an implied warranty that: (1) the goods are free, and will remain free until the time when the property is to pass, from any charge or encumbrance not disclosed or known to the buyer before the contract is made, and (2) the buyer will enjoy quiet possession of the goods except so far as it may be disturbed by the owner or other person entitled to the benefit of any charge or encumbrance so disclosed or known.
In a contract where it appears from the contract or is to be inferred from its circumstances that there is an intention that the seller should transfer only such title as a third person may have, there is an implied warranty that all charges or encumbrances known to the seller have been disclosed to the buyer before the contract is made. In such a contract there is also an implied warranty that none of the following will disturb the buyer's quiet possession of the goods, namely: (a) the seller; (b) in a case where the parties to the contract intend that the seller should transfer only such title as a third person may have, that person; (c) anyone claiming through the seller or that third person otherwise than under a charge or encumbrance disclosed or known buyer before the contract is made (see Rowland v. Divall [1923] All ER 270; Niblett v . Confectioners Materials [1921] All ER 459).

Collins dictionary of law. . 2001.


title
Ownership of real estate or personal property. With real estate, title is evidenced by a deed (or sometimes, another document) recorded in the county land records office.
Category: Real Estate & Rental Property → Buying a House
Category: Real Estate & Rental Property → Homeowners

Nolo’s Plain-English Law Dictionary. . 2009.


title
n. Ownership; the legal right to possess and to dispose of property.
2 Legal evidence of a person's right of ownership of property; a deed or similar instrument that evidences ownership.
@ adverse title
A title that has been acquired as a result of adverse possession.
@ bad title
A title that cannot legally convey the applicable property to a new owner, usually because of one or more conflicting claims to that property. An unmarketable title is not necessarily a bad title, but a bad title is always an unmarketable one.
=>> title.
@ clear title
1 A title that is free from any burdens, such as encumbrances or other limitations.
2 A marketable title.
=>> title.
@ defective title
@ equitable title
A title indicating that its holder has a favorable interest in the property and entitles its holder to acquire formal title to it.
@ good title
A title that is legally in effect and is valid. See also clear title and marketable title
@ marketable title
A title that would be acceptable to a reasonable buyer, in that it appears to cover all the property that the seller is offering and it lacks any defect or limitation.
A real estate title that lacks any defect discoverable by a reasonable purchaser.
@ paramount title
A title that supersedes any and all other titles or claims against the same property. It signifies immediate right to possession and may be the basis for eviction of a tenant.
n. Real estate, title that is senior or superior to the title to which it is compared.
@ unmarketable title
A title that a reasonable buyer would fail to accept, due to pending litigation or some other unresolved conflicts over the property.
@

Webster's New World Law Dictionary. . 2000.


title
In property law, a comprehensive term referring to the legal basis of the ownership of property, encompassing real and personal property and intangible and tangible interests therein; also a document serving as evidence of ownership of property, such as the certificate of title to a motor vehicle.
In regard to legislation, the heading or preliminary part of a particular statute that designates the name by which that act is known.
In the law of trademarks, the name of an item that may be used exclusively by an individual for identification purposes to indicate the quality and origin of the item.

Dictionary from West's Encyclopedia of American Law. 2005.


title
I
In property law, a comprehensive term referring to the legal basis of the ownership of property, encompassing real and personal property and intangible and tangible interests therein; also a document serving as evidence of ownership of property, such as the certificate of title to a motor vehicle.
 
In regard to legislation, the heading or preliminary part of a particular statute that designates the name by which that act is known.
 
In the law of trademarks, the name of an item that may be used exclusively by an individual for identification purposes to indicate the quality and origin of the item.
II Legal ownership of property, usually real property or automobiles.

Short Dictionary of (mostly American) Legal Terms and Abbreviations.

title
n.
   1) ownership of real property or personal property, which stands against the right of anyone else to claim the property. In real property, title is evidenced by a deed, judgment of distribution from an estate or other appropriate document recorded in the public records of the county. Title to personal property is generally shown by possession, particularly when no proof or strong evidence exists showing that the property belongs to another or that it has been stolen or known to be lost by another. In the case of automobiles and other vehicles, title is registered with the state's Department of Motor Vehicles, which issues a title document ("pink slip") to the owner.
   2) the name for one's position in a business or organization, such as president, general manager, mayor, governor, duke.
   3) the name for a legal case, such as Eugene Chan v. Runabout Taxi Company, Inc., which is part of the "caption" of the case.

Law dictionary. . 2013.

Игры ⚽ Нужно решить контрольную?
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