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Marketable title (real estate) is a title that a court of equity considers to be so free from defect that it will legally force its acceptance by a buyer. Marketable title does not assume that absolute absence of defect, but rather a title that a prudent, educated buyer in the reasonable course of business would accept.
Uniform Management of Public Employee Retirement Systems Act: 1997 Uniform Mandatory Disposition of Detainers Act: 1958 Uniform Marital Property Act: 1983 Uniform Marketable Title Act: 1990 Uniform Marriage and Divorce Act: 1970, 1973 Uniform Mediation Act: 2003 Uniform Money Services Act: 2000 Uniform Multiple-Person Accounts Act: 1969, 1989
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.
Title insurance premium: Buyers are generally required to purchase a lender’s title insurance policy, which protects their lender in the event of a claim dispute. This premium is a one-time cost ...
Title issues are not common, but if the title search uncovers one — or if it doesn’t, but one comes up later — there can be considerable legal costs. This is where title insurance comes in.
The resulting merger of the legal and equitable gives rise to the "perfect title", often referred to as marketable title. Legal and equitable title also arises in trust. In a trust, one person may own the legal title, such as the trustees. Another person may own the equitable title such as the beneficiary. [2]
Equitable conversion is a doctrine of the law of real property under which a purchaser of real property becomes the equitable owner of title to the property at the time he/she signs a contract binding him/her to purchase the land at a later date.
Rights that arise by operation of law often arise by design of certain contingencies set forth in a legal instrument. If a life estate is created in a tract of land, and the person by whose life the estate is measured dies, title to the property reverts to the original grantor – or, possibly, to the grantor's legal heirs – by operation of ...