Legal Definition and Related Resources of Cloud On Title
Meaning of Cloud On Title
An outstanding claim or encumbrance which, if valid , would affect or impair the title of the owner of a particular estate . See Newpar Estates Inc. v Barilla, 161 N. Y. S.2d 950.
Cloud On Title Alternative Definition
A proceeding or Instrument, such as a deed or mortgage, or a tax or assessment, judgment or decree, which, if valid, would apparently, and on its face, impair the title of a person to land, but which is in fact invalid, such invalidity being demonstrable by proof of extrinsic facts. Equity has jurisdiction of actions brought to remove clouds on title by cancellation of instruments creating them.
Related Entries of Cloud On Title in the Encyclopedia of Law Project
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Cloud On Title in Historical Law
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Notice
This definition of Cloud On Title is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.
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Concept of Cloud on Title in the context of Real Property
A short definition of Cloud on Title: An invalid encumbrance on real property, which, if valid, would affect the rights of the owner. For example: A sells lot 1, tract 1, to B. The deed is mistakenly drawn to read lot 2, tract 1. A cloud is created on lot 2 by the recording of the erroneous deed. The cloud may be removed by quitclaim deed, or, if necessary, by court action.
Concept of Cloud on Title in the context of Real Property
A short definition of Cloud on Title: An invalid encumbrance on real property, which, if valid, would affect the rights of the owner. For example: A sells lot 1, tract 1, to B. The deed is mistakenly drawn to read lot 2, tract 1. A cloud is created on lot 2 by the recording of the erroneous deed. The cloud may be removed by quitclaim deed, or, if necessary, by court action.
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