Also known as: title · titulus
Written by attorneys · grounded in primary & secondary sources — see below
A property-law principle that title supplies the lawful justification for possessing what belongs to the owner.
Select any source to read its text and confirm it supports the definition.
Tanner Thompson contracts to sell land to Tracy Torres. At closing the title search reveals no liens or breaks in the chain. Tracy accepts the deed because the title is free from reasonable doubt and a prudent purchaser would take it. The maxim confirms that this title now justifies Tracy's possession against any later challenge.
Tanner Thompson contracts to sell land to Tracy Torres. Before closing the seller remains in possession under an installment contract. The maxim confirms that the seller's retained title supplies the lawful justification for continued possession until the buyer completes payment.
Tonya Takahashi remains in possession after her term of years expires. She asserts no superior claim. The maxim shows that the landlord's retained title supplies the just cause to recover possession from the estate at sufferance.
Taliah Tang and Tamara Tan purchase machinery with partnership funds. Title is taken in Taliah's name alone. The maxim establishes that the partnership's title presumption justifies the firm's possession and control of the asset.
Tanner Thompson contracts to sell land to Tracy Torres. The contract requires conveyance of marketable title at closing. The maxim confirms that only a title free from reasonable doubt supplies the lawful justification for the buyer's possession.
Tonya Takahashi remains in possession after lease termination. The landlord asserts its retained title to recover the premises. The maxim confirms that the landlord's title supplies the just cause for obtaining possession from the holdover tenant.
The maxim establishes that a title free from reasonable doubt supplies the lawful basis for the buyer's possession at closing. When defects exist the buyer may refuse performance because the seller has not delivered the required justification for possession.
Yes. The maxim shows that the original grantor's title remains the just cause for recovering possession once the tenant's interest ends without any superior claim asserted.
The maxim supports the presumption that partnership title justifies the firm's possession even if the deed names only one partner.
…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…