The title industry has its own language. Many of its words and idioms are derived from the language of the law while others are common words given special meaning related to land titles. There are also words and phrases coined over the years by the title industry itself.
Glossary
T
TITLE COVENANTS
Covenants ordinarily inserted in conveyances and in transfers of title to real estate for the purpose of giving protection to the purchaser against possible insufficiency of the title received. A group of such covenants known as “common law covenants” includes: (a) covenants against encumbrances; (b) covenant for further assurance (in other words, to do whatever is necessary to rectify title deficiencies); (c) covenant of good right and authority to convey; (d) covenant of quiet enjoyment (see Quiet Enjoyment); (e) covenant of seisin; (f) covenant of warranty. (See Warranty, also see Covenant).
TITLE DEFECT
(1) Any possible or patent claim or right outstanding in a chain of title which is adverse to the claim of ownership. (2) Any material irregularity in the execution or effect of an instrument in the chain of title.
TITLE EXAMINATION
(See Examination.)
TITLE EXAMINER
(See Examiner.)
TITLE INSURANCE
Indemnity against loss resulting from defects in or liens upon a title. TITLE INSURER A company which insures the title to real estate.
TITLE PLANT
(1) In many areas, synonymous with Abstract Plant. (See Abstract Plant.) (2) A geographically filed assemblage of title information which is to help in expediting title examinations, such as copies of previous attorneys’ opinions, abstracts, tax searches, and copies or take offs of the public records.
TITLE SEARCH
A search and perusal of the public records for recorded instruments which affect the title to a particular piece of land. (See also Abstract and Examination.)
TITLE SEARCHER
One who searches titles.
TITLE UNDERWRITER
Synonymous with Title Insurer.
TOMBSTONE TITLE
A title, the validity of which relies upon information gleaned from one or more tombstones, such as the fact of an owner’s death, the name of his surviving wife, the date of his death, and sometimes the identity of a deceased owner in cases where a person of the same name claims title.
TORRENS
A system wherein public officials by statute promulgate a system of land registration and title certification. The system incorporates a provision for court action to perfect titles if necessary.
TRUNK TITLE
(See Dresser Drawer Title.)
TRUST DEED
An instrument in the nature of a mortgage which secures the payment of a debt. Distinguished from a mortgage in that the title is transferred to, and held by, a trustee for the benefit of the holder of the debt.
U
UNDERWRITER
An insurance company which issues insurance policies either to the public or to another insurer.
