Legal Definitions - evidence of title

Definition: Evidence of title refers to the means by which the ownership of land is satisfactorily demonstrated within a given jurisdiction. It is a legal proof that shows who owns a piece of land or property.

There are different types of evidence of title:

• Abstract and Opinion: This is a summary of all the documents related to a property, along with a lawyer's opinion on whether the title is clear or not.
• Certificate of Title: This is a document issued by a government agency that confirms the ownership of a property.
• Title Insurance: This is an insurance policy that protects the buyer and lender from any defects in the title.
• Torrens Certificate: This is a certificate issued by a government agency that guarantees the ownership of a property.

The type of evidence of title used depends on the local custom and the type of property being bought or sold. For example, in urban areas, title insurance is commonly used, while in rural areas, the abstract and opinion method is more common.

For instance, if John wants to buy a house, he needs to make sure that the seller has a clear title to the property. John can hire a lawyer to do a title search and provide an abstract and opinion on the property. The lawyer will review all the documents related to the property and provide an opinion on whether the title is clear or not. If the title is not clear, John may decide not to buy the property or negotiate with the seller to clear any defects in the title.