Also known as: legal titles · title
Written by attorneys · grounded in primary & secondary sources — see below
The formal ownership of property recognized by law that confers the right to control and dispose of it. This form of title is recorded or evidenced by deed or other instrument and stands in contrast to beneficial or equitable interests held by others.
Legacy Motors contracted to sell its warehouse to Layla Lane. At closing Legacy Motors tendered a deed purporting to pass legal title, yet a recorded mortgage lien remained unreleased. Layla refused to accept the deed and demanded rescission because the lien rendered the title unmarketable under the contract standard.
Judge Lillian Locke received an invitation to speak at a local bar association dinner. The invitation listed her judicial title in the program. Because the dinner raised funds for legal aid, the judge could participate only after confirming the event concerned the administration of justice.
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After his lease expired, Leo Lynch remained in possession of the retail space owned by Lone Peak Energy. Leo asserted no claim of superior title and paid no rent. Lone Peak Energy retained legal title and could treat Leo as a tenant at sufferance subject to eviction proceedings.
Lakewood Manufacturing used partnership funds to buy a delivery truck. The bill of sale named only partner Lamar Lewis individually. Because partnership assets funded the purchase, the truck is presumed to be partnership property even though legal title appears in Lamar's name alone.
A state legislature enacted a statute conferring the hereditary title of Baron on a prominent citizen. The grant purported to convey legal title to the honor. The Constitution forbids any state from granting titles of nobility, rendering the statute invalid.
Logan Lane filed a civil complaint against Lattice Systems. The caption listed only Logan as plaintiff and referred to additional defendants as "et al." The rule requires the complaint title to name all parties, so the clerk rejected the filing for failure to list every defendant in the caption.
Legal title is the formal ownership held by the trustee, giving the trustee the right to manage and dispose of trust property under law. Equitable title belongs to the beneficiaries, who enjoy the benefits of the property. The division allows the trustee to handle legal formalities while beneficiaries receive the economic advantages.
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Yes. Legal title of any quality satisfies the requirement for an insurable interest in property. Courts recognize that even remote legal interests, such as remainder interests, support insurance coverage.
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The seller retains legal title until the buyer completes all installment payments. The buyer receives equitable title and possession during the contract term. Upon full payment the seller must convey legal title by deed.
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…of completion of the appointment and that the appointment conferred a legal right to the office for five years; (2) having this legal title he has a consequent right to the commission and a refusal to deliver it is a plain violation of that right for which the laws afford him a remedy. Third, is he entitled to the remedy for…