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Registration of Title

real, property and government

TITLE, REGISTRATION OF (ante), in law, confined usually to real estate, has been defined as " the means whereby the owner of a real estate in real property acquires his right of property, his right of possession, and his actual possession." The title may be by descent or by purchase, the latter term being used to include all methods of acquisi tion except that by descent. Title by purchase may be by grant or by devise, by opera tion of the law, or by act of the parties. The various modes by which title may be acquired by act of law are described under the topics ABANDONMENT, ESCHEAT, P.ORFEITURE, PRESCRU'TION, MARRIAGE, EXECUTION, and EMINENT DOMAIN. Grants may be private or public; the former are by deeds, for consideration valuable, as money; or good, as affection, and the deed must be signed, sealed, and delivered; in many states the signa ture must be attested and acknowledged before a magistrate. As to registration, see RECORD OF CONVEYANCES. Title by public grant in this country is that acquired in real property previously belonging to the government of the United States or one of the states. The fee simple of all unsold lands is in either the general government or the

states, and is parted with by an instrument called a patent, the terms of which (unless there has passed some consideration), are construed in favor of the government as against the patentee.

are the evidences of ownership of real property in this country. Each owner is supposed to be in possession of his own, either by himself or his solicitors; and the ownership of the title-deeds passes along with that of the lands themselves. In Eng land there is no general register, except in Middlesex and Yorkshire, and elsewhere to the extent allowed under the land transfer act. It is a dangerous thing to part with title deeds, for, by merely pledging them as a security for money a mortgage may be created over the lands. In Scotland there is a general register where all title-deeds may be kept, or authentic copies, so that the loss of one may be replaced without much difficulty.