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Registered Owner
A registered owner is usually the person or entity that is on the government records as being the legal owner of certain property, such as real estate or a motor vehicle, as well as ships. The registration of shares in a company is usually required to be managed by the company. The registered owner of a property in question is normally presumed, sometimes conclusively, to be the legal owner of the property and is said to “hold the title” or is “registered on the title”. Ownership of property usually implies a right of possession, as opposed to the party that has right of property. The party that has the right of property is referred to as a lienholder, and in the event the registered owner fails to pay off the lien according to the agreed-to terms, the lienholder has the right to invoke repossession of the property. In jurisdictions that have adopted the Torrens system of land registration and title, the register of land holdings provides conclusive evidence (termed " ...
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Real Estate
Real estate is property consisting of land and the buildings on it, along with its natural resources such as crops, minerals or water; immovable property of this nature; an interest vested in this (also) an item of real property, (more generally) buildings or housing in general."Real estate": Oxford English Dictionary online: Retrieved September 18, 2011 In terms of law, ''real'' is in relation to land property and is different from personal property while ''estate'' means the "interest" a person has in that land property. Real estate is different from personal property, which is not permanently attached to the land, such as vehicles, boats, jewelry, furniture, tools and the rolling stock of a farm. In the United States, the transfer, owning, or acquisition of real estate can be through business corporations, individuals, nonprofit corporations, fiduciaries, or any legal entity as seen within the law of each U.S. state. History of real estate The natural right of a person t ...
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Land Registration
Land registration is any of various systems by which matters concerning ownership, possession, or other rights in land are formally recorded (usually with a government agency or department) to provide evidence of title, facilitate transactions, and prevent unlawful disposal. The information recorded and the protection provided by land registration varies widely by jurisdiction. In common law countries, particularly in jurisdictions in the Commonwealth of Nations, when replacing the deeds registration system, title registrations are broadly classified into two basic types: the Torrens title system and the English system, a modified version of the Torrens system.Lyall, Andrew. ''Land Law in Ireland''. ; Ch. 24 Cadastral systems and land registration are both types of land recording and complement each other.Jo Henssen, BASIC PRINCIPLES OF THE MAIN CADASTRAL SYSTEMS IN THE WORLD, Implementations Americas Canada Falkland Islands The Falkland Islands registry holds copies of ...
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Beneficial Owner
Beneficial owner is a legal term where specific property rights ("use and title") in equity belong to a person even though legal title of the property belongs to another person. Beneficial owner is subject to a state's statutory laws regulating interest or title transfer.'' Black's Law Dictionary'' (2nd Pocket ed. 2001 pg. 508) This often relates where the legal title owner has implied trustee duties to the beneficial owner. A common example of a beneficial owner is the real or true owner of funds held by a nominee bank. Under United States copyright law, an author may transfer some rights to the copyright owner (often an employer) while retaining a future "reversionary interest," such as that of copyright renewal. For example, " e legal or beneficial owner of an exclusive right under a copyright . . . to institute an action for any infringement of that particular right committed while he or she is the official owmer of it." See also * Beneficial ownership * Real party in int ...
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Equitable Interest
An equitable interest is an "interest held by virtue of an equitable title (a title that indicates a beneficial interest in property and that gives the holder the right to acquire formal legal title) or claimed on equitable grounds, such as the interest held by a trust beneficiary". The equitable interest is a right in equity that may be protected by an equitable remedy. This concept exists only in systems influenced by the common law (as opposed to civil law) tradition, such as New Zealand, England, Canada, Australia, and the United States. Equity Equity is a concept of rights distinct from legal (that is, common law) rights; it is (or, at least, it originated as) "the body of principles constituting what is fair and right (natural law)".Black's Law Dictionary. Second Pocket Edition. p. 241. 2001 West Group. Bryan A. Garner (editor in chief) It was "the system of law or body of principles originating in the English Court of Chancery and superseding the common and statute law (t ...
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Equitable Right
An equitable right is a legal right guaranteed by equity as opposed to a legal right which derives authority from a legal source. An example of an equitable right could be seen in Land law, where mention is made of a beneficial interest i.e. vested interests in an estate which are protected by equity. In essence, a contributor to the purchase of a property Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, r ..., has an equitable right to that property albeit not being the registered proprietor. Rights {{law-term-stub ...
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Title (property)
In property law, title is an intangible construct representing a bundle of rights in (to) a piece of property in which a party may own either a legal interest or equitable interest. The rights in the bundle may be separated and held by different parties. It may also refer to a formal document, such as a deed, that serves as evidence of ownership. Conveyance of the document (transfer of title to the property) may be required in order to transfer ownership in the property to another person. Title is distinct from possession, a right that often accompanies ownership but is not necessarily sufficient to prove it (for example squatting). In many cases, possession and title may each be transferred independently of the other. For real property, land registration and recording provide public notice of ownership information. In United States law, evidence of title is typically established through title reports written up by title insurance companies, which show the history of title (prop ...
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Defeasible Reasoning
In philosophical logic, defeasible reasoning is a kind of reasoning that is rationally compelling, though not deductively valid. It usually occurs when a rule is given, but there may be specific exceptions to the rule, or subclasses that are subject to a different rule. Defeasibility is found in literatures that are concerned with argument and the process of argument, or heuristic reasoning. Defeasible reasoning is a particular kind of non-demonstrative reasoning, where the reasoning does not produce a full, complete, or final demonstration of a claim, i.e., where fallibility and corrigibility of a conclusion are acknowledged. In other words, defeasible reasoning produces a contingent statement or claim. Defeasible reasoning is also a kind of ampliative reasoning because its conclusions reach beyond the pure meanings of the premises. Defeasible reasoning finds its fullest expression in jurisprudence, ethics and moral philosophy, epistemology, pragmatics and conversational con ...
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Incontrovertible Evidence
Incontrovertible evidence, or conclusive evidence, is a colloquial term for evidence (law), evidence introduced to prove a fact that is supposed to be so conclusive that there can be no other truth to the matter; evidence so strong it overpowers contrary evidence, directing a fact-finder to a specific and certain conclusion. For example, a DNA test is conclusive of parenthood, a CCTV camera footage of a crime taking place is conclusive, as is a contract showing an agreement. A "conclusive evidence" clause may be included in a contract or deed of guarantee, having the effect of showing that, in the absence of manifest error, the guarantor is liable to deliver on their guarantee when their obligation is triggered: the Commercial Court in England and Wales ruled on the effect of such a clause in the case of Carey Value Added S.L. v Grupo Urvasco SA in 2010. Conclusive evidence clauses are interpreted strictly by the courts, with any ambiguity being resolved in favour of the guarantor. ...
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Torrens Title
Torrens title is a land registration and land transfer system, in which a state creates and maintains a register of land holdings, which serves as the conclusive evidence (termed " indefeasibility") of title of the person recorded on the register as the proprietor (owner), and of all other interests recorded on the register. Ownership of land is transferred by registration of a transfer of title, instead of by the use of deeds. The Registrar provides a Certificate of Title to the new proprietor, which is merely a copy of the related folio of the register. The main benefit of the system is to enhance certainty of title to land and to simplify dealings involving land. Its name derives from Sir Robert Richard Torrens (1814–1884), who designed, lobbied for and introduced the private member's bill which was enacted as the ''Real Property Act 1858'' in the Province of South Australia, the first version of Torrens title enacted in the world. Torrens based his proposal on many of t ...
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Motor Vehicle
A motor vehicle, also known as motorized vehicle or automotive vehicle, is a self-propelled land vehicle, commonly wheeled, that does not operate on Track (rail transport), rails (such as trains or trams) and is used for the transportation of people or cargo. The vehicle propulsion is provided by an engine or motor, usually an internal combustion engine or an electric motor, or some combination of the two, such as hybrid electric vehicles and plug-in hybrids. For legal purpose, motor vehicles are often identified within a number of vehicle classes including cars, buses, motorcycles, off-road vehicles, light trucks and regular trucks. These classifications vary according to the legal codes of each country. International Organization for Standardization, ISO 3833:1977 is the standard for road vehicle types, terms and definitions. Generally, to avoid requiring people with disabilities from having to possess an operator's license to use one, or requiring tags and insurance, powered ...
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Repossession
Repossession, colloquially repo, is a "self-help" type of action, mainly in the United States, in which the party having right of ownership of the property in question takes the property back from the party having right of possession without invoking court proceedings. The property may then be sold by either the financial institution or third party sellers. The extent to which repossession is authorized, and how it may be executed, greatly varies in different jurisdictions (see below). When a lender cannot find the collateral, cannot peacefully obtain it through self-help repossession, or the jurisdiction does not allow self-help repossession, the alternative legal remedy to order the borrower to return the goods (prior to judgment) is replevin. The security interest over the collateral is often known as a lien. The lender/creditor is known as the lienholder. General The existence and handling of repossessions varies greatly between jurisdictions. In most jurisdictions outsid ...
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Lienholder
A lien ( or ) is a form of security interest granted over an item of property to secure the payment of a debt or performance of some other obligation. The owner of the property, who grants the lien, is referred to as the ''lienee'' and the person who has the benefit of the lien is referred to as the ''lienor'' or ''lien holder''. The etymological root is Anglo-French ''lien'', ''loyen'' "bond", "restraint", from Latin ''ligamen'', from ''ligare'' "to bind". In the United States, the term lien generally refers to a wide range of encumbrances and would include other forms of mortgage or charge. In the US, a lien characteristically refers to '' nonpossessory'' security interests (see generally: ). In other common-law countries, the term lien refers to a very specific type of security interest, being a passive right to retain (but not sell) property until the debt or other obligation is discharged. In contrast to the usage of the term in the US, in other countries it refers to a ...
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