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. . 1996.

cloud on title
An encumbrance or claim on a title that could potentially impair the title but can be proven invalid by outside evidence, and can be removed by an action to quiet title.

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.

cloud on title
A claim or dispute about the ownership of or an encumbrance on property. For example, a tax lien on a piece of real estate or a possible claim by the heir of a former owner might create a cloud on the title. Or a past mortgage might have been paid off, but the property documents were never recorded (filed in the public land records). These kinds of potential problems are usually turned up in a title search. (See also: clear title)
Category: Real Estate & Rental Property → Buying a House
Category: Real Estate & Rental Property → Selling a House

Nolo’s Plain-English Law Dictionary. . 2009.

cloud on title
n. A defect or potential defect in the record of the title to real property that evidences a possible outstanding claim or encumbrance (such as an easement or a lien) that could annul or impair title to the property.

Webster's New World Law Dictionary. . 2000.

cloud on title
An apparent claim or encumbrance, such as a lien, that, if true, impairs the right of the owner to transfer his or her property free and clear of the interests of any other party.

Dictionary from West's Encyclopedia of American Law. 2005.

cloud on title
An apparent claim or encumbrance, such as a lien, that, if true, impairs the right of the owner to transfer his or her property free and clear of the interests of any other party.

Short Dictionary of (mostly American) Legal Terms and Abbreviations.

cloud on title
   an actual or apparent outstanding claim on the title to real property. "Clouds" can include an old mortgage or deed of trust with no recording showing the secured debt was paid off, a failure to properly transfer all interests in the real property (such as mineral rights) to a former owner, a previous deed which was improperly written or signed, an unresolved legal debt or levy by a creditor or a taxing authority, or some other doubtful link in the chain of title. Often the "cloud" can be removed by a quiet title action, by finding a person to create or execute a document to prove a debt had been paid or corrected. Title companies will refuse to insure title to be transferred with a "cloud," or they will insure ownership except for ("insure around") the "cloud."

Law dictionary. . 2013.

Look at other dictionaries:

  • 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

  • removable cloud on title — A cloud on the title to property which, although apparently valid, is in fact invalid. 44 Am J1st Quiet T § 11. removal. A moving of something. A change of residence. A change of domicil. Barstow v Stone, 10 Colo App 296, 52 P 48. A person s… …   Ballentine's law dictionary

Share the article and excerpts

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

We are using cookies for the best presentation of our site. Continuing to use this site, you agree with this.