cloud on title

cloud on title
An outstanding claim or encumbrance which, if valid, would affect or impair the title of the owner of a particular estate, and on its face has that effect, but can be shown by extrinsic proof to be invalid or inapplicable to the estate in question. Best Inv. Co. v. Parkhill, Tex.Civ.App., 429 S.W.2d 531, 534.
A conveyance, mortgage, judgment, tax-levy, etc., may all, in proper cases, constitute a cloud on title. Newpar Estates, Inc. v. Barilla, 161 N.Y.S.2d 950, 952.
The remedy for removing a cloud on title is usually the means of an action to quiet title.

Black's law dictionary. . 1990.

Игры ⚽ Поможем написать реферат

Look at other dictionaries:

  • cloud on title — cloud on title: an interest (as a lien) in real property that if valid impairs the owner s title compare quiet Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. cloud on title …   Law dictionary

  • Cloud on title — The term cloud on title refers to any irregularity in the chain of title of property (usually real property) that would give a reasonable person pause before accepting a conveyance of title. A cloud on title reduces the value and marketability of …   Wikipedia

  • cloud on title — Any claim or encumbrance, usually discovered in a title search, that may impair the title to a property, and make its validity questionable. Bloomberg Financial Dictionary See: bad title. Bloomberg Financial Dictionary * * * cloud on title ˌcloud …   Financial and business terms

  • cloud on title — An outstanding claim or encumbrance which, if valid, would affect or impair the title of the owner of a particular estate, and on its face has that effect, but can be shown by extrinsic proof to be invalid or inapplicable to the estate in… …   Black's law dictionary

  • Cloud On Title — Any document, claim, unreleased lien or encumbrance that might invalidate or impair the title to real property or make the title doubtful. Clouds on title are usually discovered during a title search. Clouds on title are resolved through… …   Investment dictionary

  • cloud on title — An outstanding instrument, record. claim unreleased encumbrance, or defectively executed deed in the chain of title, which superficially renders the title doubtful but is actually illegal or unenforceable for want of equity in enforcement and of… …   Ballentine's law dictionary

  • cloud on title — noun An encumbrance or claim on a title to real property (a deed) sufficient to interfere with title transfer until the problem has been resolved. Although the laws of a State cannot affect the equity jurisdiction of the Circuit Courts, when the… …   Wiktionary

  • cloud on title — a defect in the owner s title to a piece of land arising from a written instrument, a judgment, or an order of court purporting to create an interest in or lien upon the land and therefore impairing the marketability of the owner s title though… …   Useful english dictionary

  • removal of cloud on title — See cloud on title; quieting title …   Ballentine's law dictionary

  • bill to remove cloud on title — See cloud on title …   Ballentine's law dictionary

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”