Title Law

The original title of a property is one that creates a right for the first time. It is right by which a person attains property in a thing which at the time of its acquisition is not in the ownership of any other person. A good or clean title is one that is legally valid or effective and marketable. A title may be valid but if it is not marketable, it is not considered a good title. A marketable title can be sold to a reasonable purchaser or mortgaged to a person of reasonable prudence as security for the loan of money. All good titles are free from litigation, doubts, defects, and fairly deducible of record. A good title to land or property means a marketable title in which a person could buy free of encumbrances and free of restrictions and conditions.

Absolute title is an exclusive title to a property which excludes all others not compatible with the right. This type of title is free of liens and attachments and replaces all previous titles.

An abstract of title is a document which provides information about the history of the legal title as it pertains to real estate, which can prove that the title is clear. It may contain a brief history of the ownership of the property up into the present holder. It establishes the status of the present title to a property and lists all items of record such as claims, deeds, judgments, and liens.

An adverse title is a title set up in opposition to or in annulment to another title. The holder of an adverse title could take away the title from all persons claiming from and through that person as long as they give written notice to the occupying claimant.

An action to quiet title is a lawsuit to establish a plaintiff’s title to land by compelling the adverse claimant to either establish a claim or be quiet about their challenges or claims to the title. This type of title is generally brought in a court having jurisdiction over land disputes. This is often referred to as a suit to remove a cloud. The cloud is any claim for full or partial ownership of the property.

If you have any questions on any type of title or title law please don’t hesitate to contact my office for a free consultation.