Also known as: titles · ownership title · statutory title
Written by attorneys · grounded in primary & secondary sources — see below
4 senses
The legal right to control and dispose of property or the evidence of that right. A seller of land must convey title free from reasonable doubt that a prudent purchaser would accept. Defects such as unreleased liens or breaks in the chain of title render title unmarketable and allow a buyer to refuse performance.
The legal right to control and dispose of property or the evidence of that right. A seller of land must convey title free from reasonable doubt that a prudent purchaser would accept. Defects such as unreleased liens or breaks in the chain of title render title unmarketable and allow a buyer to refuse performance.
Tori Taylor contracted to sell land to Tyrone Tran. A recorded lien remained on the property at closing. Tran refused to perform and demanded rescission because the lien created reasonable doubt about the state of title.
Tonya Takahashi remained in possession after her lease expired. She asserted no claim of superior title against the landlord. Her continued occupancy constituted an estate at sufferance.
An honorific designation used by a judge or other official. A judge may permit the title to appear in connection with an event concerning the administration of justice even when the event raises funds for legal aid.
Judge Thomas Thompson received an invitation to speak at a bar association program on access to justice. The event raised funds for legal aid. Thompson permitted his judicial title to appear on the program because the subject concerned the administration of justice.
A formal designation of nobility. The Constitution prohibits any state from granting a title of nobility to selected citizens.
A state legislature enacted a statute conferring hereditary honors on selected citizens. The measure granted a formal title of nobility. The Constitution forbids any state from granting such a title.
The caption of a pleading that identifies the parties. The title of a complaint must name all parties to satisfy pleading requirements under the Federal Rules of Civil Procedure.
Tiffany Torres filed a complaint against Talon Security. The caption listed every party in full. The pleading satisfied the requirement that the title of a complaint name all parties.
An honorific designation used by a judge or other official. A judge may permit the title to appear in connection with an event concerning the administration of justice even when the event raises funds for legal aid.
A formal designation of nobility. The Constitution prohibits any state from granting a title of nobility to selected citizens.
The caption of a pleading that identifies the parties. The title of a complaint must name all parties to satisfy pleading requirements under the Federal Rules of Civil Procedure.
Each sense below has its own examples, sources, and questions.
Thunderbolt Motors used partnership funds to purchase equipment. Title was placed in the name of partner Tiffany Torres alone. The equipment is presumed to be partnership property.
Unreleased liens, gaps in the chain of title, and outstanding interests such as easements or covenants render title unmarketable. A buyer may then refuse to close or seek rescission unless the contract provides otherwise or the defect is waived.
Property purchased with partnership assets is presumed to belong to the partnership even if title is taken in the name of one or more partners without any indication of partnership capacity.
A judge's title refers to the honorific used in official or organizational settings under judicial conduct rules. Insurable title is a distinct standard in property contracts that a title insurer will cover at standard rates, which may be less demanding than full marketability.
States may not grant any title of nobility. This prohibition appears in Article I, Section 10 and prevents states from creating hereditary or noble distinctions.
The title of a complaint must name all parties. Other pleadings may refer generally to additional parties after naming the first party on each side.
…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…