Title Definitions for Land Surveyors

title-1 The union of all the elements which constitute ownership. In common law, title is divided into possession, right of possession, and right of property. The last two are now considered essentially the same 2 That which constitutes a just cause of exclusive possession; the facts or events, which, collectively, give rise to the ownership of property, real or personal. 3 The legal instrument which is evidence of a right.

title, allodial—Absolute ownership not subject to any feudal duties a burdens.

title, clear—Good title; marketable title; one free from encumbrance obstruction, burden, or limitation.

title, cloud on—An outstanding claim or encumbrance which if valid will affect or impair the owner’s title; a judgment or dower interest.

title, color of—If a claim to a parcel of real property is based upon soul( written instrument, although a defective one, the person is said to hay( color of title. The title appears good, but in reality it is not.

title, evidencing of—The submission of proof of title to a tract of land, or subdivision, as shown by an abstract of the recorded patent and deeds of transfer, inheritance, court decree, or other means of establishing title by such evidence as may be approved by competent judicial opinions, including court decree in the event of controversy.

title, guarantee—A title, the validity of which is insured by an abstract, title or indemnity company; insured title.

title, quiet—A court action to clear title, remove clouds, and establish ownership.

title, quitclaim—A title to property that extends no further than the title released by the grantor; a claim one may have in property without professing that the title is valid.

title, tax—The title by which one holds land purchased at a tax sale. That
species of title which is inaugurated by a successful bid for land at collector’s sale of the same for non-payment of taxes, completed by the failure of those entitled to redeem within the specified time, and evidenced by the deed executed to the tax purchaser, or the purchaser’s assignee, by the proper officer.

title certificate—See certificate of title; Torrens title system; abstract of title; title insurance; title policy.

title examiner—A person who analyzes a chain of title to land, passes on validity of various instruments, and then renders an opinion.

title insurance—Insurance against financial loss resulting from claims arising out of defects in the title to real property, which are existent but undisclosed at the time the policy is issued by the title company. See also Torrens title system; abstract of title; certificate of title; title policy.

title opinion—An analysis and interpretation of a title search concerning present ownership, encumbrances, clouds on title, and other infirmities.

title policy—A policy insuring the title to real property, issued for the protection of persons acquiring interests in real property either as owner, lender, or lessee; it insures against forgery, incompetents, insanities, and other matters that are not shown by public records; it insures the actual title to property as distinguished from the record title, such as is guaranteed in a guarantee of title. It usually does not insure location. See also title insurance; abstract of title; certificate of title; Torrens title system.

title search—An investigation of public records and documents to ascertain the history and present status of title to property, including ownership, liens, encumbrances, charges, and other interests.

Source: NSPS “Definitions of Surveying and Related Terms“, used with permission.

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