Title Search - Law Dictionary Search Results
Home Dictionary Name: title searchtitle search
title search : a search of public records to determine the condition of title to real property usually that is the subject of a transaction (as a purchase or mortgage) [the borrower was required to pay for a title search] ...
Title search
Title search, means an examination of the public records to determine whether any defects or encumbrance exist in a given property's chain of title, Black's Law Dictionary, 7th Edn., p. 1495....
search
search 1 : an exploratory investigation (as of an area or person) by a government agent that intrudes on an individual's reasonable expectation of privacy and is conducted usually for the purpose of finding evidence of unlawful activity or guilt or to locate a person [warrantless es are invalid unless they fall within narrowly drawn exceptions "State v. Mahone, 701 P.2d 171 (1985)"] see also exigent circumstances, plain view probable cause at cause, reasonable suspicion search warrant at warrant compare seizure NOTE: The Fourth Amendment to the U.S. Constitution prohibits unreasonable searches and requires that a warrant may issue only upon probable cause and that the warrant must particularly describe the place to be searched. Some searches, such as a search incident to an arrest, have been held to be valid without a warrant. administrative search : an inspection or search carried out under a regulatory or statutory scheme esp. in public or commercial premises and usually to enf...
certificate of title
certificate of title 1 : a certificate of ownership stating that the title to the specified property is free and clear except for any encumbrance (as a mortgage) listed on it: as a : a certificate issued by a motor vehicle registry called also title b : a certificate issued by a registry of deeds see also torrens system 2 : a document issued by a title abstracter (as an attorney) giving a legal opinion as to the status of a property's title based on a title search or abstract of title compare deed ...
Registration of title of land
Registration of title of land. The (English) Land Registration Act, 1925 (15 Geo. 5, c. 21), repeals and re-enacts the (English) Land Transfer Acts, 1875 (38 & 39 Vict. c. 87) and 1897 (60 & 61 Vict. c. 65), with amendments in keeping with innovations which were introduced by the property laws of 1925. Its object is to simplify the indicia of land ownership and transfer by mere inscription and transcription in a register. The advantages which are claimed for the system are (a) purchasers for value of an absolute or good leasehold title are absolved from any inquiry into the title other than it is shown to be on the register; (b) certain equitable claims which would be binding on the land under the general law and cannot be removed or over-reached without onerous formalities do not affect such purchasers; (c) the method of conveyance or charge is simple; (d) subject to the statutory provisions, registration guarantees the title to purchasers for value and mortgagees. It should be observ...
Searches
Searches, an essential feature in the acquisition of land sine registration under the (English) Land Charges Act, 1925, in the land or local registries of any incumbrance which is required to be registered under that Act is notice (q.v.) to the purchaser and all persons connected with the land affected [see s. 198, (English) Law of Property Act, 1925, and see (English) LAND CHARGES]. Searches are necessary, not only in the Land Registry, but at the office of the local authority for local land charges. Searches may be made personally in each of the registers under the (English) Land Charges Act, 1925, but the usual practice is to apply for and obtain an official certificate of search at the Land Registry, which covers all the registers there, viz.: (1) pending ss. or lis pendens; (2) writs and orders affecting land, such as writs of execution or orders appointing a receiver, bankruptcy petitions and receiving orders; (3) deeds of arrangement; and (4) land charges under s. 10 of the (Eng...
Land charge
Land charge, means a rent or annuity or principal moneys charged otherwise than by deed upon land under (English) Act of Parliament for securing to any person, the money spent by him, or under that Act, as a charge under the Land Drainage Act, 1861 (see DRAINAGE), or s. 20 of the Agricultural Holdings Act, 1923, for repayment of compensa-tion of tenant's improvements. See s. 4 of the Land Charges Registration and Searches Act, 1888 (51 & 52 Vict. c. 51), by s. 12 of which a 'land charge,' created after the commencement of that Act-i.e., after 1st January, 1889-is void against a purchaser for value of the land charged therewith, unless it has been registered in the 'Register of Charges,' in the manner mentioned in that Act, since transferred to the Land Registry by virtue of the Land Charges Act, 1900 (63 & 64 Vict. c. 26), repealed by the Land Charges Act,1925. By this Act the system of compulsory registration of charges over land has been greatly extended and no purchaser of land woul...
Torrens system
Torrens system [after Sir Robert Torrens (1814-1884), British pioneer in Australia] : a title registration system used esp. in Massachusetts, Hawaii, Illinois, and Minnesota NOTE: When a certificate of title is first applied for in the Torrens system, the title is searched or examined, a court hearing is held (as in a land court), and a decree confirming title and ordering registration (as with the registrar of deeds) is issued. A certificate of title is then given to the owner, after which the property may be conveyed by executing deeds, delivering the certificate of title to be cancelled, and issuing a new certificate to the new owner. The title registered in a Torrens system is usually guaranteed and marketable, making title insurance unnecessary and greatly reducing the time spent researching the state of the title during subsequent conveyances. ...
Visus
Visit and search. A right, claimed and exercised by belligerents, to stop, visit and search neutral merchant vessels on the high seas and territorial waters, and confiscate contraband (see that title and The Pellworm, 1918, AC 292). As to the effect of convoy under neutral men-of-war, see Lawrence, Int. Law, referring to Dupuis, La Guerre Maritime et les Doctrines Anglaises, pars. 244-248....
clear
clear 1 : unencumbered by outstanding claims or interests [a search showed the title was ] 2 : free from doubt or ambiguity ...
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