Abstract of Title
Legal Definition and Related Resources of Abstract Of Title
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Meanings, Synonyms, Etymology, Translations and More
Meaning of Abstract Of Title
A condensed history of the title to land appearing on the public records consisting of a summary of the relevant portion of all conveyances which affect said land or any estate or interest , together with a statement of all liens or liabilities to which the land may be subject. See Geithman v Eichler, 107 N.E. 180, 265 III. 579.
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Abstract Of Title in Historical Law
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See also
Title Abstract in the American legal Encyclopedia
Evidence of title (in U.S. law) to... (Read more)
What does Abstract of title mean in American Law?
The definition of Abstract of title in the law of the United States, as defined by the lexicographer Arthur Leff in his legal dictionary is:
A short account of the public record evidence of title to real property, containing a synopsis of all instruments and incidents (including conveyances, wills, liens, encumbrances, and judgments) bearing upon the state of the title. The abstract of title is prepared to be delivered by the vendor to the purchaser of real property, accompanied by a certificate of abstracter (and an opinion of vendor's counsel, based on the abstract), and receipt of an up-to-date abstract is ordinarily a precondition of the purchaser's obligation to go through with the purchase. In modern American practice, the requirement to deliver an abstract of title has to some extent been replaced by the practice of securing either a title insurance policy, or an opinion of counsel for the vendor based upon his own title search and not on another's abstract, assuring the purchaser that he will receive the interest being conveyed to him, free of all claims and encumbrances except those listed in the policy or opinion letter.
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See Also
Deed; Property Law; Real Property; Recording of Land Titles; Torrens Title System.
English Legal System: Abstract of Title
In the context of the English law, A Dictionary of Law provides the following legal concept of Abstract of Title: Written details of the *title deeds and documents that prove an owner's right to dispose of his land or an interest in this. An abstract generally deals only with the *legal estate and any equitable interests that are not *overreached. An owner usually supplies an abstract of title before *completion to an intending purchaser or mortgagee, who compares it with the original title deeds when these are produced or handed over on completion of the transaction. An abstract of title to registered land consists of *office copies of the entries in the register (together with an *authority to inspect the register) and details of any other documents necessary to prove the owner's title, such as a marriage certificate proving a woman's change of surname. For unregistered land, the abstract of title must usually trace the history of the land's ownership from a document at least 15 years old (the *root of title) and give details of any document creating encumbrances to which the land is subject. An abstract of title formerly comprised extracts, often in abbreviated note form, but now generally comprises duplicate copies of the relevant documents (an epitome of title). An abstract or epitome, with each copy document marked as examined against the original, may be sufficient in itself to deduce title; for instance, when a title is split into lots, the purchaser of each lot may be required to accept an examined abstract or epitome in lieu of the original title deeds, accompanied by an *acknowledgment and undertaking.
Meaning of Abstract of Title in the U.S. Legal System
Definition of Abstract of Title published by the National Association for Court Management: A chronological summary of all official records and recorded documents affecting the title to a parcel of real property.
Concept of Abstract of Title in the context of Real Property
A short definition of Abstract of Title: A compilation of the recorded documents relating to a parcel of land, from which an attorney may give an opinion as to the condition of title. Still in use in some states, but giving way to the use of title insurance.
Concept of Abstract of Title in the context of Real Property
A short definition of Abstract of Title: A compilation of the recorded documents relating to a parcel of land, from which an attorney may give an opinion as to the condition of title. Still in use in some states, but giving way to the use of title insurance.
What is Good, Merchantable Abstract of Title?
A definition of good, merchantable abstract of title is: An abstract showing a good title, clear from incumbrances, and not merely an abstract of matters of record affecting the title, made by one engaged in the business of making abstracts in such form as is customary, as passing current among persons buying and selling real estate and examining titles.[1]
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Notes
"Good, Merchantable Abstract of Title" in the White America Dictionary (New York, Los Angeles, London, New Delhy, Hong Kong, 1989)
See Also
Marketable title
Meaning of Abstract of Title
Resources
Professional Content and Learning Tools
Lawi offers educational solutions and professional insight, integrating content, tools, and practical technology to promote lifelong learning, personal and professional improvement, and human progress through knowledge. Our collections feature resources and solutions from a wide range of subject areas, from management and finance to law and cybersecurity. This text is only a brief introduction. If you would like us to expand on this content, please let us know in the comments. If you’re finding our platform and publications valuable, share it with a colleague or friend, leave a comment and consider subscribing if you haven’t already (thanks!). There are group discounts, gift options, and referral bonuses available.
See Also
Abstracts of Title