certificate of title

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now
In property law, a title is a bundle of rights in a piece of property in which a party may own either a legal interest or equitable interest. The rights in the bundle may be separated and held by different parties. It may also refer to a formal document, such as a deed, that serves as evidence of ownership. Conveyance of the document may be required in order to transfer ownership in the property to another person. Title is distinct from possession, a right that often accompanies ownership but is not necessarily sufficient to prove it. In many cases, possession and title may each be transferred independently of the other. For real property, land registration and recording provide public notice of ownership information.
In United States law, typically evidence of title is established through title reports written up by title insurance companies, which show the history of title (property abstract and chain of title) as determined by the recorded public record deeds; the title report will also show applicable encumbrances such as easements, liens, or covenants. In exchange for insurance premiums, the title insurance company conducts a title search through public records and provides assurance of good title, reimbursing the insured if a dispute over the title arises. In the case of vehicle ownership, a simple vehicle title document may be issued by a governmental agency.
The main rights in the title bundle are usually:

Exclusive possession
Exclusive use and enclosure
Acquisition
Conveyance, including by bequest
Access easement
Hypothecation
PartitionThe rights in real property may be separated further, examples including:

Water rights, including riparian rights and runoff rights
In some U.S. states, water rights are completely separate from land—see prior appropriation water rights
Mineral rights
Easement to neighboring property, for utility lines, etc.
Tenancy or tenure in improvements
Timber rights
Farming rights
Grazing rights
Hunting rights
Air rights
Development rights to erect improvements under various restrictions
Appearance rights, often subjected to local zoning ordinances and deed restrictionsPossession is the actual holding of a thing, whether or not one has any right to do so. The right of possession 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 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. Otherwise, title to property would always be uncertain.

View More On Wikipedia.org
  1. B

    VIC Certificate Of Title

    Hi there, I have a question that needs answering. My husband and I have title to our property that used to be in my father in laws name. My father in law lives with us but has his own section of our house. My father in law got married to a lady from overseas who has now lived in one side of our...
  2. A

    TAS Certificate of title property

    Who holds onto certificate of title? Solicitor or new owner?
  3. J

    VIC Lost certificate of title

    Hi l lost the certificite of title to my home in an accident several years ago. l thought its time l went about getting a new one, l checked the lands titles office and my name is there as the registered proprietor of the property. How difficult is the process? do l need a conveyancer or...
  4. D

    WA Caveat on Property - Standard Procedure?

    Hi, A caveat has been lodged against the certificate of title on a property that i have a 1/3 interest in, the remainder is in my parent's name. Being new to this sort of legal fray, is this standard procedure? Or something more sinister? Many thanks
  5. K

    NSW What to Do with Difficult and Dominating Executor of Will?

    I am one of two Executors of our late mother's Deceased Estate. My late mother passed away May 2016. This property was purchased in 1976 by our now late parents. In May next year (2018), it will be the second year anniversary of our late mother's passing. Will this property have a Capital Gains...
  6. N

    VIC Terms of an Old Covenant - Can Anything be Done?

    In the 1920s, the subdivision in which I live had a covenant placed over a few hundred lots to the effect that: "...for the time being of the said land (hereby transferred except as aforesaid) [the transferees] will not at any time erect or build or cause or suffer to be erected or built on any...
  7. T

    NSW Enjoying Right of Way - What are My Rights?

    I use a right of carriage easement to access my property from the public road. Think classic road fronting block (my block) with battleaxe block sitting behind ( neighbors) I use 30% of the axehandle part and have an easement that covers this section which is listed on my certificate of title...
  8. R

    TAS How to Remove Name from Certificate of Title?

    Over 10 years ago I bought a house with a boyfriend. The house was under both of our names. We broke up a year after the house was bought. It was a mutual agreement and we never sought legal advice or anything (now I realise I should have). He has got the house and I want nothing to do with...
  9. L

    VIC Property Law on 99-year Lease - New Certificate of Title Required?

    Hi We are inner city Melbourne dwellers. Our current floor-space is under Certificate of Title. We have approval from OC to take over unused stair space which has been approved about 8 years ago providing a 99-year lease to each floor owner. I have confirmed I don't need planning permit and...
  10. J

    NSW Fraud - Wrong Bank Account Details Intentionally Given

    Hi, my Partner’s company was placed into voluntary liquidation in 2011. Through a solicitors office in Parramatta. I entered into a deed of loan for $65,000 in 2011 to pay for the liquidation, and then another $33,000 a year later. I was paying this loan off at $3155.46 every month up until...