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Title of

property and possession

TITLE (OF. title, titre, tiltre. Fr. titre, title, from Lat. titalus, title, superscription, token). The union of all the elements which constitute legal ownership of property, or the means by which a person holds property. The common-law authorities are to the effect that there are three essential elements to a complete title: possession, the right of possession, and right of property. This is technically true, but the latter two requi sites are practically interchangeable, and it is Customary to speak of title as consisting of pos session with right of possession. (See POSSES SION.) Title to property may he vested in one or a number of persons. All titles to real estate are acquired by descent or pucchusc. A title by descent is one which is acquired by an heir of a deceased person by virtue of the laws of in testacy and succession. Any other source of tulle is said to be by purchase. The latter term is

used technically, as it includes other means than a bargain and sale, as, for example, a devise of property in a will. By virtue of the statute of limitations, twenty years' adverse possession of real estate will give the occupant a good title in most States. Title to patentable inventions is said to vest in the inventor by virtue of original acquisition, but the real source of ownership is really derived from the protection secured by the patent laws. A title may be capable of being estahlished in a court of law and vet have such apparent defects as not to be readily salable. A court of equity will not compel a purchaser to accept a title which is not marketable. Consult the authorities referred to under PROPERTY; REAL PROPERTY; POSSESSIoN; etc.; and also see TEN URE; OCCUPANCY; TITLE, REGISTRATION OF; etc.