Title and transfer

Color of title

An instrument that appears to give title but is legally defective

A deed with a bad description, a forged signature somewhere in the chain, a conveyance from someone who had nothing to give. It looks like title on its face, and that appearance carries legal weight even though the instrument conveys nothing.

The period for adverse possession, and what color of title does to it, are set by state statute and differ substantially from one state to the next.

How the exam asks about it

It surfaces in adverse possession items: possession under color of title is treated more favorably, and under some statutes a claimant holding under it needs a shorter period.

Quick check: Color of title

One question. Pick an answer to see the explanation.

Which term is being defined: “An instrument that appears to give title but is legally defective”?

Related terms

Adverse possessionCloud on titleMarketable titleChain of titleQuiet title action

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