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A clear title, also known as a “clean title,” is a property title that is free from liens or additional issues that could jeopardize ownership, such as boundary disputes (encroachments) or ...
Clear title is the phrase used to state that the owner of real property owns it free and clear of encumbrances. In a more limited sense, it is used to state that, although the owner does not own clear title, it is nevertheless within the power of the owner to convey clear title. For example, a property may be encumbered by a mortgage. This ...
In property law, the term free and clear refers to ownership without legal encumbrances, such as a lien or mortgage. [1] For example: a person owns a house free and clear if he has paid off the mortgage and no creditor has filed a lien against it.
A clear title is important for any real estate transaction. ... A property’s title is the term used to describe the rights of the owner. It isn’t a document, like the deed, but instead ...
The objective of the title search is to establish clear, marketable title by exposing any outstanding claims prior to the transfer of title. The process of resolving any issues on the title is known as "clearing the title." [2] Each recorded document must name the parties involved, e.g., grantor and grantee.
A quitclaim deed may also be used to transfer title of a property to a purchaser following a foreclosure auction. Typically such a deed will not warrant that the property title is free and clear, and it remains up to the grantee to check that the property is not subject to any legal encumbrances. [11]
Free land claims have a long history in the U.S., going back as far as the 1862 Homestead Act that granted citizens and intended citizens government land to live on and cultivate. Although the ...
Allodial title is a system in which real property is owned absolutely free and clear of any superior landlord or sovereign. True allodial title is rare, with most property ownership in the common law world (Australia, Canada, Ireland, New Zealand, United Kingdom, United States) being in fee simple.