Title and transfer
Cloud on title
Any claim or defect that casts doubt on the owner’s title
An old unreleased mortgage, an unclear heirship, a recorded easement whose scope is ambiguous, an encroachment. A cloud does not necessarily mean the owner lacks title; it means a reasonable buyer would hesitate, and that is enough to make title unmarketable.
How the exam asks about it
The two standard cures are the ones to remember: a quitclaim deed from whoever might hold the interest, or a quiet title action if nobody will sign one.
Related terms
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