Other Free Encyclopedias » Law Library - American Law and Legal Information » Free Legal Encyclopedia: Taking at sea to Tonkin Gulf Resolution

Title

property law ownership absolute

In PROPERTY LAW, a comprehensive term referring to the legal basis of the ownership of property, encompassing real and PERSONAL PROPERTY and intangible and tangible interests therein; also a document serving as evidence of ownership of property, such as the certificate of title to a motor vehicle.

In regard to legislation, the heading or preliminary part of a particular statute that designates the name by which that act is known.

In the law of TRADEMARKS, the name of an item that may be used exclusively by an individual for identification purposes to indicate the quality and origin of the item.

In the law of property, title in its broadest sense refers to all rights that can be secured and enjoyed under the law. It is frequently synonymous with absolute ownership. Title to property ordinarily signifies an estate in fee simple, which means that the holder has full and absolute ownership. The term does not necessarily imply absolute ownership, however; it can also mean mere possession or the right thereof.

The title of a statute is ordinarily prefixed to the text of a statute in the form of a concise summary of its contents, such as "An act for the prevention of the abuse of narcotics." Other statutes are given titles that briefly describe the subject matter, such as the "Americans with Disabilities Act." State constitutions commonly provide that every bill introduced in the state legislature must have a single subject expressed by the bill's title. Congress is under no such restriction under the U.S. Constitution, but House and Senate rules do have some guidelines for federal bills and statutes. Many, though not all, federal statutes have titles.

Under trademark law, if a publisher adopts a name, or title, for a magazine and uses it extensively in compliance with the law, the publisher may acquire a right to be protected in the exclusive use of that title. A trademark of the title can only be acquired through actual use of the title in connection with the goods, in this example, the magazine. Merely planning to use the title does not give rise to legally enforceable trademark rights.

CROSS-REFERENCES

Title Insurance; Title Search.

User Comments

Your email address will be altered so spam harvesting bots can't read it easily.
Hide my email completely instead?

Cancel or