#title deed

Introduction An action to quiet title is a lawsuit brought in a court having jurisdiction over property disputes, in order to establish a party’s title to real property, or personal property having a title, of against anyone and everyone, and thus “quiet” any challenges or claims to the title. This legal action is “brought to remove a cloud on the title” so that plaintiff and those in privity…

Introduction An encumbrance is a third party’s right to, interest in, or legal liability on property that does not prohibit the property’s owner from transferring title (but may diminish its value). Encumbrances can be classified in several ways. They may be financial (for example, liens) or non-financial (for example, easements, private restrictions). Alternatively, they may be divided into…

Introduction In trust law, a constructive trust is an equitable remedy imposed by a court to benefit a party that has been wrongfully deprived of its rights due to either a person obtaining or holding a legal property right which they should not possess due to unjust enrichment or interference, or due to a breach of fiduciary duty, which is intercausative with unjust enrichment and/or property…

Introduction The American Land Title Association (ALTA), founded in 1907, is the national trade association representing more than 6,400 title insurance companies, title and settlement agents, independent abstracters, title searchers and real estate attorneys. ALTA’s headquarters is in Washington, DC. ALTA founded the Coalition to Stop Real Estate Wire Fraud in 2019. Overview ALTA members…

Introduction The Title Conditions (Scotland) Act 2003 (asp 9) is an Act of the Scottish Parliament. It came into force on 28 November 2004, and is one element of a three part land reform abolishing feudal tenure and modernising Scottish property law, the other two elements being the Abolition of Feudal Tenure etc. (Scotland) Act 2000 and Tenements (Scotland) Act 2004 which came into effect on…

Introduction Quicquid plantatur solo, solo cedit (Latin, “whatever is affixed to the soil belongs to the soil”) is a legal Latin principle related to fixtures which means that something that is or becomes affixed to the land becomes part of the land; therefore, title to the fixture is a part of the land and passes with title to the land. Consequently, whosoever owns that piece of land will also…

Introduction Unregistered land in English law is land that has not been registered with HM Land Registry. Under the residual principles of English land law, for unregistered land proof of title is based upon historical title deeds and a registry for certain charges under the Land Charges Act 1972. Compulsion to Register In 2013, because registration of title was never made compulsory per se,…