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Title - Law Dictionary Search Results

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Back title letter

Back title letter, means a letter from a title insurer advising an attorney of the condition of title to land as of a certain date. With this information, the attorney can begin examining the title from that date forward. Black Law Dictionary, 7th Edn., p. 134....


Presumptive title

Presumptive title. A barely presumptive title, which is of the very lowest order, arises out of the mere occupation or simple possession of property (jus possessionis, Lat.), without any apparent right, or any pretence of right, to hold and continue such possession. This may happen when one man disseises another; or where after the death of the ancestor, and before the entry of the heir, a stranger abates and holds out the heir. The law assumes that the actual occupant of land has the fee-simple in it, unless there be evidence rebutting such pre-sumption, or his possession be properly explained and shown to be consonant with the right of the true proprietor of the reversionary fee. Such a presumption, in the absence of any satisfactory proof to the contrary, will sustain an action for a tresspass by a wrongdoer, and will indeed be strengthened, by lapse of time, into a title complete and indefeasible.This assumption is based on the well-known feudal maxim that seisin must be the basis ...


Short Titles

Short Titles, of Acts of Parliament. First introduced for convenience of citation in 1845 by the Companies Clauses Consolidation Act, 1845, and since then gradually more and more used in the case of particular Acts. General Short Titles Acts were also passed in 1892 and 1896, that of 1896 giving short titles to 2,076 Acts, of which 840 had had short titles given to them by the Act of 1892, which the Act of 1896 repeals. See ACT OF PARLIAMENT....


Titles (Ecclesiastical)

Titles (Ecclesiastical). By the (English) Ecclesiastical Titles Assumption Act, 1851, the assumption of the title of archbishop or bishop of a pretended province or diocese, or archbishop or bishop of a city, place, or territory in England or Ireland, not being the see, province, or diocese of an archbishop or bishop, recognized by law, was prohibited under penalties; but this Act (which was passed after great public excitement, in consequence of the division of England into Roman Catholic dioceses by Pope Pius IX., under Cardinal Wiseman, as Archbishop of Westminster) was never enforced, and has been repealed by the Ecclesiastical Titles Act, 1871....


Declaration of title

Declaration of title. Obtainable by action in a case where an invasion of title is apprehended, and the party threatened wishes to proceed under a title validated by judicial decision. See R.S.C. Ord. XXV., r. 5....


Requisitions of title

Requisitions of title, a series of inquiries and requests which arise upon a title on behalf of a proposed purchaser or mortgagee, and which the vendor or mortgagor is called upon to satisfy and comply with. In the case of sales, they are often curtailed by the conditions of sale (see ABSTRACT AND CONDITIONS OF SALE OF LAND). Consult Williams or Dart on Vendors and Purchasers; Jackson and Gossett on Investigation of Title....


Mortgage by deposit of title deeds

Mortgage by deposit of title deeds, under the Transfer of Property Act a mortgage by deposit of title-deeds is one of the forms of mortgages whereunder there it a transfer of interest in specific immovable property for the purpose of securing payment of money advanced or to be advanced by way of loan. Therefore, such a mortgage of property takes effect against a mortgage deed subsequently executed and registered in respect of the same property. The three requisites for such a mortgage are (i) debt, (ii) deposit of title deeds; and (iii) an intention that the deeds shall be security for the debt, IC J Nathan v. S.V. Maruthi Rao, AIR 1965 SC 430 (435). [Transfer of Property Act, 1882, s. 58(f)]...


Adverse title

Adverse title, means a title acquired by adverse possession, Black Law Dictionary, 7th Edn., p. 1493.Means an exclusive title acquired by adverse possession, Black Law Dictionary, 7th Edn., p. 1493....


Absolute title

Absolute title, means an exclusive title to land; a title that excludes all others not compatible with it, Black Law Dictionary, 7th Edn., p. 1493....


title 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] ...



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