Legal Definitions - claim of title

Claim of Title refers to an assertion of ownership over property, whether it's real estate (like land or a house) or personal property (like a car or a valuable item). It signifies that an individual believes they have a legal right to possess, use, and control an item or parcel of land, even if that belief is not yet formally recognized by a deed, title, or other official legal document.

This concept is particularly relevant in situations where ownership is disputed, or when someone is attempting to gain ownership through continuous, open use of property that legally belongs to someone else (a process known as adverse possession). It's about the intent and actions of an individual to treat property as their own.

• Example 1: Adverse Possession of Land

  A family has been openly using and maintaining an undeveloped plot of land adjacent to their suburban home for 30 years. They've built a small shed, planted a vegetable garden, and regularly mowed the entire area, treating it as an extension of their own backyard. The actual recorded owner lives out of state and has never visited the property or paid taxes on it during this time.

  How it illustrates "Claim of Title": The family's consistent actions – building a shed, gardening, and maintaining the land – demonstrate their "claim of title." They are openly asserting their belief that they own the plot, despite not having a deed in their name. If they meet all the legal requirements for adverse possession in their state, their long-standing claim of title could eventually lead to legal ownership.

• Example 2: Boundary Dispute Between Neighbors

  Ms. Chen and Mr. Davis are neighbors. A survey reveals that the fence between their properties was built two feet onto Ms. Chen's land, meaning a narrow strip of land Mr. Davis has always mowed and considered his own actually belongs to Ms. Chen. Mr. Davis, however, insists that the fence has been in that location for over 25 years, and he has always maintained the land up to the fence line, believing it was his property.

  How it illustrates "Claim of Title": Mr. Davis is making a "claim of title" to that two-foot strip of land. His long-term actions of mowing and maintaining it, coupled with his belief of ownership, constitute his assertion of a right to that property, even if the recent survey contradicts his belief.

• Example 3: Disputed Inheritance of Personal Property

  After a renowned antique collector passes away, two individuals, a niece and a long-time apprentice, both assert ownership over a rare 18th-century desk found in the collector's study. The niece claims the desk was verbally promised to her by the collector years ago, while the apprentice presents a signed, but unwitnessed, note from the collector stating the desk was a gift for his dedicated service.

  How it illustrates "Claim of Title": Both the niece and the apprentice are making a "claim of title" to the antique desk. Each believes they have a legitimate right to own it, based on different forms of evidence or understanding of the collector's intentions. A court would need to determine which claim is legally valid.