Concept of Title Flashcards
1
Q
Define title
A
- Oxford Dictionary
“a right or claim to the ownership of property” - a legal right to the property
2
Q
Voidable title
A
Title obtained by deception = ‘voidable title’
Until the title is avoided, the person committing the deception has title to the property concerned and is able to confer a good title on to anyone who subsequently acquires the property from him in good faith.
eg. I obtain a car from someone with a fake cheque and change R/O to me. I now have a voidable title. I then onsell it to someone else. They innocently think they are buying the car legit then it becomes a good title.
3
Q
HOW TO AVOID A TITLE
A
- communicate directly with the deceiver
- take all reasonable/possible steps to notify the receiver eg. Letter
- advise police of circumstances of the deception
