Legal Dictionary of Pakistan

Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.

Back-title letter

a letter from a title insurer advising an attorney of the condition of title to land as of a certain date. 0 with this information, the attorney can begin examining the title from that date forward.

Bad title

see unmarketable title under title (2).

Entitle

ub. 1. To grant a legal right to or qualify for. 2. Eccles. law. To ordain as a minister. -Formerly also spelled intitle.

Entitlement

An absolute right to a (usu. monetary) benefit, such as social security, granted immediately upon meeting a legal requirement.

Indian title

See INDIAN TITLE.

Land Titles and Transfer Act

Hist. An 1875 statute establishing a registry for titles to real property, and providing for the transfer of lands and recording of those transfers. 38 & 39 Vict., ch. 87. ( The act is analogous in some respects to American recording laws, such as those providing for a registry of deeds. A system of title registration superseded this registry system in 1925.

Title

1. The union of all elements (as ownership, possession, and custody) constituting the legal right to control and dispose of property; the legal link between a person who owns property and the property itself <no one has title to that land>. 2. Legal evidence of a person's ownership rights in property; an instrument (such as a deed) that constitutes such evidence .

Title IX of the Educational Amendments of 1972

A federal statute generally prohibiting sex discrimination and harassment by educational facilities that receive federal funds. This term is often referred to simply as Title IX. 20 USCA §§ 1681 et seq. title by descent See TITLE (2)

Title VIl of the Civil Rights Act of 1964

A federal law that prohibits employment discrimination and harassment on the basis of race, sex, pregnancy, religion, and national origin, as well as prohibiting retaliation against an employee who opposes illegal harassment or discrimination in the workplace. ( This term is often referred to simply as Title VII. 42 USCA §§ 2000e et seq.

absolute title

An exclusive title to land; a title that excludes all others not compatible with it. See fee simple absolute under FEE SIMPLE.

abstract of title

A concise statement, usu. prepared for a mortgagee or purchaser of real property, summarizing the history of a piece of land, including all conveyances, interests, liens, and encumbrances that affect title to the property. - Also termed brief.

action to quiet title

A proceeding to establish a plaintiff's title to land by compelling the adverse claimant to establish a claim or be forever estopped from asserting it. - Also termed quiet-title action.

action to quiet title.

See ACTION.

adverse title

A title acquired by adverse possession. See ADVERSE POSSESSION.

after-acquired title

Title held by a person who bought property from a seller who acquired title only after purporting to sell the property to the buyer. See AFTER-ACQUIRED TITLE DOCTRINE.

after-acquired-title doctrine

the principle that title to property automatically vests in a person who bought the property from a seller who acquired title only after purporting to sell the property to the buyer.

apparent title

see color of title.

bad title

1. See defective title. 2. See unmarketable title.

bond for title

Real estate. The seller's retention of legal title until the buyer pays the purchase price. - Also termed bond for deed. Cf. contract for deed under CONTRACT.

certificate of title

A document indicating ownership of real or personal property. 0 This document usu. identifies any liens or other encumbrances.

chain of title

1. The ownership history of a piece of land, from its first owner to the present one. - Also termed line of title. 2. The ownership history of commercial paper, traceable through the indorsements. ( For the holderto have good title, every prior negotiation must have been proper. If a necessary indorsement is missing or forged, the chain of title is broken and no later transferee can become a holder. chain-referral scheme. See PYRAMID SCHEME.

claim of title

See CLAIM OF OWNERSHIP.

clear title

1. A title free from any encumbrances, burdens, or other limitations. 2. See marketable title. - Also termed good title.

cloud on title

A defect or potential defect in the owner's title to a piece of land arising from some claim or encumbrance, such as a lien, an easement, or a court order. See action to quiet title under ACTION.

color of title

A written instrument or other evidence that appears to give title, but does not do so. - Also termed apparent title.

confusion of titles

Ciuil law. The merger of two titles to the same land in the same person. Cf. MERGER (8)

convenant running with the title

See covenant (4)

covenant for title

A covenant that binds the grantor to ensure the completeness, security, and continuance of the title transferred. ( This covenant usu. includes the covenants for seisin, against encumbrances, for the right to convey, for quiet enjoyment, and of warranty.

covenant running with the title

A covenant that is specific to the conveyance of title between a grantor and a grantee.

curing title

The act of removing defects from a land title to make it marketable.

defeasible title

A title voidable on the occurrence of a contingency, but not void on its face.

defective title

A title that cannot legally convey the property to which it applies, usu. because of some conflicting claim to that property. - Also termed bad title.

deposit of title deeds

A pledge of real property as security for a loan, by placing with the lender, as pledgee, the title-deed to the land.

derivative title

1. A title that results when an already existing right is transferred to a new owner. 2. The general principle that a transferee of property acquires only the rights held by the transferor and no more.

disentitle

ub. To deprive (someone) of a title or claim <the plaintiff', actions disentitled her from recoverunv dajminf<< -disfacere. See DIFFACERE.

doctrine of worthier title

See WORTHIER-TITLE DOCTRINE.

document of title

A written description, identification, or declaration of goods authorizing the holder (usu. a bailee) to receive, hold, and dispose of the document and the goods it covers. ( Documents of title, such as bills of lading, warehouse receipts, and delivery orders, are generally governed by Article 7 of the UCC See BAILMENT.

dormant title

A title in real property held in abeyance.

doubtful title

See TITLE (2). doun (doon or dohn), n. [Law French] A zit"

elder title.

A title of earlier date but one that becomes operative simultaneously with, and prevails over, a title of newer origin.

equitable title

A title that indicates a beneficial interest in property and that gives the holder the right to acquire formal legal title. Cf. legal title.

evidence of title

The means by which the ownership of land is satisfactorily demonstrated within a given jurisdiction. See DEED. "There are four kinds of evidence of title: abstract and opinion, certitcate of title, title insurance and Torrens certiftcate. The certificate of title is used extensively in the Eastern states, and some Southern states. In urban centers in a great many sections of the country, title insurance occupies a dominant position in real estate transactions. In farm areas the abstract and opinion method is ommon. To a great extent, the acceptability of a particular kind of evidence of title depends on the local custom." Robert Kratovil, Real Estate Law 170 (6th ed. 1974).

failure of title

A seller's inability to establish a good claim to the property contracted for sale. Cf. clear title under TITLE.

fugitive-disentitlement doctrine.

An equitable rule that allows a trial or appellate court to limit a fugitive's access to civil and criminal courts in the United States.

good and merchantable abstract of title

An abstract of title showing clear, good, and marketable title, rather than showing only the history of the property. See clear title, good title, and marketable title under TITLE (2).

good title

1. A title that is legally valid or effective. 2. See clear title (1). 3. See marketable title.

good title.

See TITLE (2).

imperfect title

A title that requires a further exercise of the granting power to pass land in fee, or that does not convey full and absolute dominion.

indicia of title.

A document that evidences ownership of personal or real property.

just title

In a case of prescription, a title that the possessor received from someone whom the possessor honestly believed to be the real owner, provided that the title was to transfer ownership of the property.