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Title is distinct from possession, a right that often accompanies ownership but is not necessarily sufficient to prove it (for example squatting). 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.
The main difference between a common law title and a Torrens title is that a member of the general community, acting in good faith, can rely on the information on the land register as to the rights and interests of parties recorded there, and act on the basis of that information. A prospective purchaser, for example, is not required to look ...
There is generally added to these a catch-all category of "other instruments affecting the title to real estate". These statutes also list technical requirements, such as whether acknowledgements before a notary public are required (the great majority) or witnesses must also sign the document (rarer). The effect of failure to record.
Wilson states that: "Property is the right or lawful power, which a person has to a thing." He then divides the right into three degrees: possession, the lowest; possession and use; and, possession, use, and disposition – the highest. Further, he states: "Useful and skillful industry is the soul of an active life.
These are published in the official General and Special Laws of the State of Texas as "session laws". [1] [2] Most of these statutes are codified. [3] The Texas Constitution requires the Texas Legislature to revise, digest, and publish the laws of the state; however, it has never done so regularly. [4]
The terms real estate and real property are used primarily in common law, while civil law jurisdictions refer instead to immovable property. In law, the word real means relating to a thing (from Latin reālis, ultimately from rēs, 'matter' or 'thing'), as distinguished from a person. Thus the law broadly distinguishes between real property ...
Land registration is a matter for individual states in the USA. Thus each state will define the officials, authorities, and their functions and duties with respect to the ownership of land within that state, as is more fully described in the specified main article.
Possession of a thing for long enough can become ownership by termination of the previous owner's right of possession and ownership rights. In the same way, the passage of time can bring to an end the owner's right to recover exclusive possession of a property without losing the ownership of it, as when an adverse easement for use is granted by ...