Also known as: title · dominion
Written by attorneys · grounded in primary & secondary sources — see below
A bundle of rights allowing one to use, manage, and enjoy property, including the right to convey it to others. Ownership implies the right to possess a thing regardless of actual control and is determined by legal title rather than mere occupancy or possession.
Opal Okoro owns an apartment building but leases units to tenants who reside there year-round. She enters a tenant's unit at night intending to steal cash from a drawer. Because the tenants occupy the unit as their dwelling, the structure qualifies as the dwelling of another despite Opal's ownership.
Octavia Okonkwo contracts to sell land to Orion Technologies. A prior owner's unrecorded gift claim is later recorded by a church, creating a gap in the chain of title. Orion refuses to close because the recorded adverse claim places Octavia's ownership in reasonable doubt and renders title unmarketable.
Select any source to read its text and confirm it supports the definition.
Olivia Owens sues a manufacturer after injury from a defective machine. After the accident the manufacturer installs a safety guard. The court admits evidence of the guard not to prove negligence but to establish that the manufacturer retained ownership and control of the machine at the time of the injury.
Judge Oscar Ortiz is invited to speak at an awards ceremony hosted by a bar association that owns the venue. The event raises funds for legal aid. Because the event concerns the administration of justice, the judge may permit use of his title even though the sponsoring organization holds ownership of the property.
Oakley Osei leaves one firm and joins another. The new firm reviews client lists to detect conflicts arising from the change in firm ownership. The firm may reveal limited information provided it does not compromise privilege or prejudice any client.
Orion Orlov's lease ends but he remains in possession without the landlord's consent and without claiming superior title. His continued occupancy creates an estate at sufferance because the possessory interest granted by the lease has terminated while legal ownership remains with the landlord.
Occupancy rather than ownership controls. An owner may therefore commit burglary of the owner's own building when tenants occupy and use it as their dwelling.
Title is unmarketable when recorded encumbrances, gaps in the chain of title, or adverse claims create reasonable doubt that a prudent purchaser would refuse to accept. The seller must convey marketable title at closing unless the contract provides otherwise.
Yes. Although such measures are inadmissible to prove negligence or defect, the court may admit them when offered to prove ownership or control if that issue is disputed.
A lawyer may reveal limited information to detect and resolve conflicts arising from changes in the composition or ownership of a firm, provided the disclosure does not compromise privilege or prejudice a client.
…to particular questions but not to the general competency to be sworn as witnesses. Mr. Lee illustrated that if one claimed title to land under a patent from the United States and the Secretary refused a copy, a mandamus could compel production; to obtain a mandamus one must show the patent is recorded and clerks can…