Last modified on 31 March 2014, at 17:58

cloud on title

EnglishEdit

NounEdit

cloud on title (plural clouds on title)

  1. (property law) An encumbrance or claim on a title to real property (a deed) sufficient to interfere with title transfer until the problem has been resolved.
    • 1856, "Bayerque v. Cohen et al.", in Reports of Cases Argued and Determined in the Circuit Court of the United States for the Districts of California [1], page 113:
      "Although the laws of a State cannot affect the equity jurisdiction of the Circuit Courts, when the former afford rules as to what shall be deemed clouds on title, the Circuit Courts of equity, in the exercise of an ancient chancery jurisdiction, may remove such clouds."
    • 1914,Eugene Allen Gilmore and William Charles Wermuth, Modern American Law [2], page 88:
      "A cloud on title is an instrument which may be used vexatiously or injuriously against the owner of land, or which may cast suspicion on the validity of his title so as to render his land unsaleable at its full value."
    • 2000, John W. Reilly, The Language of Real Estate [3], page 71:
      "Clouds on title are usually revealed by a title search and may be removed from the record by a quitclaim deed or a quiet title proceeding initiated by the property owner."

See alsoEdit