Clear title - sustany/dvg GitHub Wiki

Clear title is a�title�free of�claims�or�disputes�about the�ownership. Claims, doubts, or disputes about ownership often arise from�liens�or�encumbrances.�

Typically,�title searches�are conducted to see whether the property has clear title as a search of the local�public land records�should reveal any�easements,�mortgages, or other encumbrances. When a title has material defects, it is said to have a�cloud on the title. Buyers are frequently skittish about purchasing property with clouded title because they risk having said property taken away. Therefore, establishing clear title is essential for any party who wishes to sell their property.�

Many states such as�California�and�North Carolina�have enacted Marketable Title Acts, which�statutorily�removed title defects of ancient origin by limiting the enforcement of�rights�preceding the statutory time period or by a showing of a�chain of title�for a specific period of time.

In�majority�of�states, a clearly established title by�adverse possession�is considered to have clear title. Additionally, a party wishing to remove a cloud on their title can do so by pursuing an action to quiet title.�