Book contents
- Frontmatter
- Contents
- Preface
- Acknowledgments
- Table of cases
- Table of statutes
- Table of statutory instruments
- Table of treaties
- Table of EC legislation
- Part 1 The concept of property
- Part 2 The nature of proprietary interests
- Part 3 The acquisition and disposition of property interests
- 10 Title
- 11 Acquiring title by possession
- 12 Transfer and grant
- 13 Acquiring interests by other methods
- 14 Enforceability and priority of interests
- 15 Registration
- Part 4 Proprietary relationships
- Bibliography
- Index
10 - Title
Published online by Cambridge University Press: 05 June 2012
- Frontmatter
- Contents
- Preface
- Acknowledgments
- Table of cases
- Table of statutes
- Table of statutory instruments
- Table of treaties
- Table of EC legislation
- Part 1 The concept of property
- Part 2 The nature of proprietary interests
- Part 3 The acquisition and disposition of property interests
- 10 Title
- 11 Acquiring title by possession
- 12 Transfer and grant
- 13 Acquiring interests by other methods
- 14 Enforceability and priority of interests
- 15 Registration
- Part 4 Proprietary relationships
- Bibliography
- Index
Summary
What we mean by ‘title’
Like many property law terms, the word ‘title’ is used in a number of different senses. It is often used loosely to refer to someone's right or interest in a thing, but it also has a number of technical meanings. For example, it can be used to refer not to a person's proprietary interest in a thing, but to their entitlement to that interest as against another person. As Professor Goode explains in Commercial Law at pp. 52–4:
A person's interest in an asset denotes the quantum of rights over it which he enjoys against other persons, though not necessarily against all other persons. His title measures the strength of the interest he enjoys in relation to others.
This is the sense in which the word ‘title’ will be used here. In this jurisdiction it is particularly important to be able to distinguish a person's entitlement to an interest from the interest itself because our system is primarily concerned with relativity of title rather than with absolute title. In other words, when a person claims to be entitled to a particular interest in a thing, it is usually sufficient for him to prove that his entitlement, or title, to the interest is better than that of the person disputing his claim: it is rarely necessary for him to prove absolute entitlement.
For reasons which will become apparent, it is possible for two or more people to have titles to the same interest in a thing.
- Type
- Chapter
- Information
- Property LawCommentary and Materials, pp. 383 - 405Publisher: Cambridge University PressPrint publication year: 2005