Title is a legal term for a bundle of rights in a piece of property In law, possession is the control a person intentionally exercises toward a thing. In all cases, to possess something, a person must have an intention to possess it. A person may be in possession of some property . Like ownership, the possession of things is commonly regulated by states under property law in which a party may own either a legal interest or an equitable interest An equitable interest is an "interest held by virtue of an equitable title or claimed on equitable grounds, such as the interest held by a trust beneficiary." The equitable interest is a right in equity that, if violated (suffers a harm), is subject to satisfaction by an equitable remedy. This concept only exists in the common law.^[1] The rights in the bundle may be separated and held by different parties. It may also refer to a formal document A document , is a bounded physical or digital representation of a body of information designed with the capacity (and usually intent) to communicate. A document may manifest symbolic, diagrammatic or sensory-representational information. To document (verb) is to produce a document artifact by collecting and representing information. In that serves as evidence of ownership Ownership is the state or fact of exclusive rights and control over property, which may be an object, land/real estate or intellectual property. Ownership involves multiple rights, collectively referred to as title, which may be separated and held by different parties. The concept of ownership has existed for thousands of years and in all cultures. Conveyance of the document may be required in order to transfer ownership in the property to another person. Title is distinct from possession In law, possession is the control a person intentionally exercises toward a thing. In all cases, to possess something, a person must have an intention to possess it. A person may be in possession of some property . Like ownership, the possession of things is commonly regulated by states under property law, a right Rights are legal, social, or ethical principles of freedom or entitlement — i.e. rights are normative rules about what is allowed of people or owed to people, according to some legal system, social convention, or ethical theory. The concept of rights is often fundamental to civilized societies, and it is of vital importance in such disciplines that often accompanies ownership but is not necessarily sufficient to prove it. In many cases, both possession and title may be transferred independently of each other.

Elements

The main rights in the title bundle are usually:

• Exclusive possession
• Exclusive use Use, as a term in real property law of common law countries, amounts to a recognition of the duty of a person, to whom property has been conveyed for certain purposes, to carry out those purposes and enclosure Enclosure or inclosure is the process which was used to end some traditional rights, such as mowing meadows for hay, or grazing livestock on land which is owned by another person, or a group of people. In England and Wales the term is also used for the process that ended the ancient system of arable farming in open fields. Under enclosure, such
• Acquisition
• Conveyance, including by bequest A bequest is the act of receiving property by will. Strictly, "bequest" is used of personal property, and "devise" of real property. In legal terminology, "bequeath" is a verb form meaning "to make a bequest."
• Access easement An easement is the right to use the real property of another without possessing it. Easements are helpful for providing pathways across two or more pieces of property or allowing an individual to fish in a privately owned pond. An easement is considered as a property right in itself at common law and is still treated as a type of property in most
• Hypothecation Hypothecation is the practice where a borrower pledges collateral to secure a debt. The borrower retains ownership of the collateral, but it is "hypothetically" controlled by the creditor in that they have the right to seize possession if the borrower defaults. A common example occurs when consumers enter into a mortgage agreemnent,
• Partition A partition is a term used in the law of real property to describe an act, by a court order or otherwise, to divide up a concurrent estate into separate portions representing the proportionate interests of the tenants. Under the common law, any tenant who owns an undivided concurrent interest in land can seek such a division. In some cases, the

The rights in real property Real property and personal property are the main classifications of property in the common law. Real property refers to land and the improvements made by human efforts—buildings, machinery, the acquisition of various property rights, and the like. Real property is also termed realty, real estate, and immovable property may be separated further, examples including:

• Water rights Water right in water law refers to the right of a user to use water from a water source, e.g., a river, stream, pond or source of groundwater. In areas with plentiful water and few users, such systems are generally not complicated or contentious. In other areas, especially arid areas where irrigation is practiced, such systems are often the source, including riparian rights Riparian water rights is a system of allocating water among those who possess land about its source. It has its origins in English common law. Riparian rights exist in many countries with a common law heritage, such as Canada, Australia, and states in the eastern United States and runoff rights
• In some U.S. states, water rights are completely separate from land—see prior appropriation water rights Prior appropriation water rights, sometimes known as the "Colorado Doctrine" in reference to the U.S. Supreme Court case Wyoming v. Colorado, is a system of allocating water rights from a water source that is markedly different from Riparian water rights. Water law in the western United States generally follows the appropriation doctrine
• Mineral rights Ownership of mineral rights is an estate in real property. It is the right of the owner to exploit, mine, and/or produce any or all of the minerals lying below the surface of the property. The five elements of a mineral interest are:
• Easement An easement is the right to use the real property of another without possessing it. Easements are helpful for providing pathways across two or more pieces of property or allowing an individual to fish in a privately owned pond. An easement is considered as a property right in itself at common law and is still treated as a type of property in most to neighboring property, for utility lines, etc.
• Tenancy A leasehold estate is an ownership of a temporary right to land or property in which a lessee or a tenant holds rights of real property by some form of title from a lessor or landlord or tenure Land tenure is the name given, particularly in common law systems, to the legal regime in which land is owned by an individual, who is said to "hold" the land. The sovereign monarch, known as The Crown, held land in its own right. All private owners are either its tenants or sub-tenants. The term "tenure" is used to signify the in improvements
• Timber rights
• Farming rights
• Grazing rights The concept of grazing rights in the United States descends directly from the English concept of the commons, a piece of land over which other people — often neighbouring landowners — could exercise one of a number of traditional rights, such as allowing their cattle to graze upon it. Prior to the mid-18th century, grazing rights in the United
• Hunting rights
• Air rights Air rights are a type of development right in real estate, referring to the empty space above a property. Generally speaking, owning or renting land or a building gives one the right to use and develop the air rights. Supposedly, this legal concept is based on an ancient Latin saying: Cuius est solum, eius est usque ad caelum et ad inferos
• Development rights to erect improvements under various restrictions
• Appearance rights, often subjected to local zoning ordinances and deed restrictions

Possession In law, possession is the control a person intentionally exercises toward a thing. In all cases, to possess something, a person must have an intention to possess it. A person may be in possession of some property . Like ownership, the possession of things is commonly regulated by states under property law is the actual holding of a thing, whether or not one has any right to do so. The right of possession This term is most commonly used in regards to property and is a land-backed asset. This legal tradition holds that whoever occupies property and uses it for its social function has the right to possess it is the legitimacy of possession (with or without actual possession), the evidence for which is such that the law will uphold it unless a better claim is proven. The right of property Ownership is the state or fact of exclusive rights and control over property, which may be an object, land/real estate, or some other kind of property . It is embodied in an ownership right also referred to as title is that right which, if all relevant facts were known (and allowed), would defeat all other claims. Each of these may be in a different person.

For example, suppose A steals from B, what B had previously bought in good faith from C, which C had earlier stolen from D, which had been an heirloom of D's family for generations, but had originally been stolen centuries earlier (though this fact is now forgotten by all) from E. Here A has the possession, B has an apparent right of possession (as evidenced by the purchase), D has the absolute right of possession (being the best claim that can be proven), and the heirs of E, if they knew it, have the right of property, which they cannot prove. Good title consists in uniting these three (possession, right of possession, and right of property) in the same person(s).

The extinguishing of ancient, forgotten, or unasserted claims, such as E's in the example above, was the original purpose of statutes of limitations A statute of limitations is an enactment in a common law legal system that sets forth the maximum time after an event that legal proceedings based on that event may be initiated. In civil law systems, similar provisions are usually part of the civil code or criminal code and are often known collectively as "periods of prescription" or &. Otherwise, title to property would always be uncertain.

Equitable versus legal title

The equitable title refers to the actual enjoyment and use of a property Property is any physical or intangible entity that is owned by a person or jointly by a group of persons. Depending on the nature of the property, an owner of property has the right to consume, sell, rent, mortgage, transfer, exchange or destroy their property, and/or to exclude others from doing these things. Important widely recognized types of, whereas a legal title implies actual ownership. An example of such is a trust In common law legal systems, a trust is a relationship whereby property is managed by one person (or persons, or organizations) for the benefit of another. A trust is created by a settlor (or feoffor to uses), who entrusts some or all of their property to people of their choice (the trustees or feoffee to uses). The trustees hold legal title to. In a trust, one person may own the legal title, such as the trustees Trustee is a legal term for a holder of property on behalf of a beneficiary. A trust can be set up either to benefit particular persons, or for any charitable purposes : typical examples are a will trust for the testator's children and family, a pension trust (to confer benefits on employees and their families), and a charitable trust. In all. Another may own the equitable title such as the beneficiary A "beneficiary" in the broadest sense is a natural person or other legal entity who receives money or other benefits from a benefactor. For example: The beneficiary of a life insurance policy, is the person who receives the payment of the amount of insurance after the death of the insured. The beneficiaries of a trust are the persons.^[2]

Applications

In countries with a sophisticated private property Private property is the right of persons and firms to obtain, own, control, employ, dispose of, and bequeath land, capital, and other property. Private property can take the form of real estate, homes, factories, automobiles, capital, patents and copyrights. It is distinguished from public property, which refers to assets owned by a state, system, documents of title are commonly used for real estate Real estate is a legal term that encompasses land along with improvements to the land, such as buildings, fences, wells and other site improvements that are fixed in location—immovable. Real estate law is the body of regulations and legal codes which pertain to such matters under a particular jurisdiction and include things such as commercial, motor vehicles A motor vehicle is a wheeled vehicle whose propulsion is provided by an engine or motor . The internal combustion engine is the most common motor choice, although electric motors or other types are sometimes used. Motor vehicles or road vehicles typically run on public roads. The rules of the road are laws or practices which all road users must, and some types of intangible property. When such documents are used, they are often part of a registration system whereby ownership of such property can be verified. In some cases, a title can also serve as a permanent legal record of condemnation of property, such as in the case of an automobile junk A salvage title is an automobile title with a notation that the vehicle has been damaged in excess of approximately 70% of its pre-accident market value. The exact percentage depends on the insurance provider and any applicable laws and regulations. This notation gets applied to a title when an insurance company pays a total-loss claim on a or salvage title. In the case of real estate Real estate is a legal term that encompasses land along with improvements to the land, such as buildings, fences, wells and other site improvements that are fixed in location—immovable. Real estate law is the body of regulations and legal codes which pertain to such matters under a particular jurisdiction and include things such as commercial, the legal instrument used to transfer title is the deed A deed is a signed and, in some jurisdictions, usually sealed legal instrument in writing used to grant a right. Deeds have historically been part of the broader category of instruments under seal, requiring only the affixing of a common seal to render them valid. Today, however, deeds are instruments in solemn form which require the author's. A famous rule is that a thief cannot convey good title, so title searches Anyone may do a title search and documents concerning conveyances of land are a matter of public record. However, it is often the case that people choose to contact a title company or attorney to conduct an exhaustive title search. For example, a title report may also show any easements, or recorded legal rights to the property or portions of the are routine (or highly recommended) for purchases of many types of expensive property (especially real estate). In several counties and municipalities in the US a standard title search (generally accompanied by title insurance) is required under the law as a part of ownership transfer.

Paramount title is the best title in Fee simple available for the true owner. The person who is owner of real property Real property and personal property are the main classifications of property in the common law. Real property refers to land and the improvements made by human efforts—buildings, machinery, the acquisition of various property rights, and the like. Real property is also termed realty, real estate, and immovable property with paramount title has the higher (or better, or "superior") right in an action to Quiet title An action to quiet title is a lawsuit brought in a court having jurisdiction over land disputes, in order to establish a party's title to real property against anyone and everyone, and thus "quiet" any challenges or claims to the title. The concept is inherently a relative one. Technically, paramount title is not always the best (or highest) title, since it is necessarily based on some other person's title.^[3][4]

A Quiet title An action to quiet title is a lawsuit brought in a court having jurisdiction over land disputes, in order to establish a party's title to real property against anyone and everyone, and thus "quiet" any challenges or claims to the title action is a lawsuit to settle competing claims or rights to real property, for example, missing heirs A missing heir is a person related to a decedent , or testator of a will, but whose residence, domicile, Post office, or other address is not known. A missing heir may be an orphan or other person under a Disability, who may need a guardian or custodian of funds, tenants A leasehold estate is an ownership of a temporary right to land or property in which a lessee or a tenant holds rights of real property by some form of title from a lessor or landlord, reverters, remainders A remainder in property law is a future interest given to a person that is capable of becoming possessory upon the natural end of a prior estate created by the same instrument. For example, a person, D, gives ("devises") a piece of real property called Blackacre “to A for life, and then to B and her heirs.” A receives a life estate and lien holders In law, a lien is a form of security interest granted over an item of property to secure the payment of a debt or performance of some other obligation. The owner of the property, who grants the lien, is referred to as the lienor and the person who has the benefit of the lien is referred to as the lienee all competing to get ownership to the house or land.^[5][6] Each of the United States ^ b. English is the de facto language of American government and the sole language spoken at home by 80% of Americans age five and older. Spanish is the second most commonly spoken language has different procedures for a quiet title action.^[7]

However, most personal property Personal property, roughly speaking, is private property that is moveable, as opposed to real property or real estate. In the common law systems personal property may also be called chattels or personalty. In the civil law systems personal property is often called movable property or movables - any property that can be moved from one location to items do not have a formal document of title. For such items, possession is the simplest indication of title, unless the circumstances give rise to suspicion about the possessor's ownership of the item. Proof of legal acquisition, such as a bill of sale or purchase receipt, is contributory. Transfer of possession to a good faith Good faith, or in Latin bona fides , is good, honest intention (even if producing unfortunate results) or belief. In law, it is the mental and moral state of honesty, conviction as to the truth or falsehood of a proposition or body of opinion, or as to the rectitude or depravity of a line of conduct. This concept is important in law, especially purchaser will normally convey title if no document is required.

Political issues

California California's geography ranges from the Pacific coast to the Sierra Nevada mountain range in the east, to Mojave desert areas in the southeast and the Redwood–Douglas fir forests of the northwest. The center of the state is dominated by the Central Valley, one of the most productive agricultural areas in the world. California is the most prevented aliens (mainly Asians Asian people or Asiatic people is a demonym for people from Asia. However, the use of the term varies by country and person, often referring to people from a particular region or subregion of Asia. Though it may be based on residence, it is also often considered an ethnicity or just race) from holding title to land Real property and personal property are the main classifications of property in the common law. Real property refers to land and the improvements made by human efforts—buildings, machinery, the acquisition of various property rights, and the like. Real property is also termed realty, real estate, and immovable property until the law was declared unconstitutional in 1952. Currently there are no restrictions on foreign ownership of land in the United States, although sales of real estate by non-resident aliens are subject to certain special taxation rules.

Indian title

Prior to the establishment of the United States title to Indian lands in lands controlled by Britain in North America was governed by the The Royal Proclamation of October 7, 1763. This proclamation by King George III reserved title in land to the Indians, subject to alienation only by the Crown. This continued to be the law of Canada following the American Revolution.^[8]

In the United States Indian title is the subservient title held by Native Americans in the United States to the land they customarily claimed and occupied. It was first recognized in Johnson v. M'Intosh , 21 U.S. (8 Wheat) 543 (1823).

It very early became accepted doctrine in this Court that although fee title to lands occupied by Indians when the colonists arrived became vested in the sovereign - first the discovering European nation and later the original states and the United States - a right of occupancy in the Indian tribes was nevertheless recognized. That right, sometimes called Indian Title and good against all but the sovereign, could be terminated only by sovereign act. Once the United States was organized and the Constitution adopted, these tribal rights to Indian lands became the exclusive province of the federal law. Indian title, recognized to be only a right of occupancy, was extinguishable only by the United States. Oneida Indian Nation v. County of Oneida , 414 U.S. 661, 667 (1974).

The usual method of extinguishing Indian title was by treaty.^[9]

See also

• Fee
• Feu
• Land ownership and tenure
• Land tenure
• Phase I Environmental Site Assessment
• Manufacturer statement of origin
• Vehicle title

References

1. ^ In the United States, legal titles are those that were recognized by the law courts in England. Equitable titles were those recognized by the English chancery courts. Both concepts were adopted by the various states upon their creation except, possibly, those based upon European Civil Law, such as Louisiana. Most, if not all of the states have merged the law and equity courts into a single court system, though there may still be law and chancery divisions in some of the systems.
2. ^ "Trusts and Estates - What is the difference between legal title and equitable title?". quizlaw.com. http://www.quizlaw.com/trusts_and_estates/what_is_the_difference_between_8.php. Retrieved 28 March 2010.
3. ^ Answers.com web page
4. ^ Enotes: West's Law Encyclopedia
5. ^ Enotes: West's Law Encyclopedia
6. ^ Law.com dictionary
7. ^ For example, California --quiet title action
8. ^ The Royal Proclamation of October 7, 1763
9. ^ "Indian Lands" Douglas Roger Nash

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