ABSOLUTE TITLE Meaning and
Definition
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Absolute title refers to the highest form of ownership and rights one can possess over a property. It denotes complete and unconditional ownership of a property without any encumbrances or limitations. When someone is said to have absolute title, they have the sole right to possess, use, enjoy, and transfer the property without any restrictions or claims by others.
An absolute title essentially implies that the owner has full control and possession of the property, with no competing rights or interests held by anyone else. It suggests an ownership status that is free from any legal defects or outstanding claims that could challenge the owner's rights.
To establish an absolute title, a thorough examination of the property's history and chain of ownership is typically conducted. This examination is known as a title search or title examination and involves scrutinizing public records and documents to verify the absence of any liens, lawsuits, or other encumbrances that could affect ownership rights. Once the examination confirms that the property has an unbroken chain of ownership, free from any claims or limitations, then an absolute title is deemed to be established.
Having an absolute title provides a sense of security to property owners, as it affirms their exclusive rights and minimizes the risk of future conflicts or disputes regarding ownership. The absolute title grants them the freedom to make decisions and exercise their rights over the property as they see fit, unimpeded by competing claims or legal restrictions.
Etymology of ABSOLUTE TITLE
The word "absolute" comes from the Latin word "absolutus", which means "loosened, unrestricted, or freed from constraint". In English, it came to mean "complete" or "not qualified or diminished in any way".
The term "title" has its roots in the Old English word "titul", which means "inscription or heading". It later evolved to mean "legal right to ownership or possession of property".
When combined, "absolute title" refers to the complete, unrestricted ownership or possession of a property, without any liens, claims, or encumbrances.
