Absolute title
Absolute title in the Dictionary of Law consisting of Judicial Definitions and Explanations of Words, Phrases and Maxims
This cannot exist at the same time in different persons or in different governments. To be “absolute” it must be exclusive, or, at least, excluse all others not compatible with it. Johnson v. M’Intosh, 6 Wheat. 588 (1823), Marshall, Chief Justice.
Note: This legal definition of Absolute title in the Dictionary of Law (English and American Jurisprudence) is from 1893.
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English Legal System: Absolute Title
In the context of the English law, A Dictionary of Law provides the following legal concept of Absolute Title : Ownership of a *legal estate in registered land with a guarantee by the state that no one has a better right to that estate. An absolute title to freehold land is equivalent to an estate in fee simple in possession in unregistered land.
Absolute leasehold title, unlike *good leasehold title, guarantees that the lessor has title to grant the lease. (Compare possessory title; qualified title) The title may be subject to (1) *encumbrances and other entries noted on the register by means of substantive registration (e.g. a registered legal charge or land charge); (2) minor interests, such as that of a beneficiary under a trust, which may be protected by means of “entry” on the register rather than by substantive registration; and (3) *overriding interests (which by their nature do not appear on the register and must be ascertained by search and enquiry).
See also land registration.
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