LAW RELATING TO TITLE SEARCH & TITLE CERTIFICATE OF IMMOVABLE PROPERTY
Title to immovable property is ascertained by perusing relevant “documents” and “deeds” pertaining to such property. The term “document” has very wide import. Under general law “document” means any matter expressed or described up on any substance by means of letters, figures or mark for the purpose of recording that matter. The documents relating to property or commercial transactions are generally called Instruments or Deeds.
Investigation of title is very essential since the ownership of the property is required to be complete, fair and free from any doubts, risks and interest. To ensure this an investigation is much needed so that a purchaser can take all necessary steps at the time of acquiring property to obtain a good and clear title of the land. When search is conducted unto the property of the person who owns it, it is called the investigation of title. It is also popularly called as “Search” into the ownership of the property. The investigation is carried out broadly to ensure that the property is indeed in the name of the person selling, is free from liens, mortgages and encumbrances, that the property tax has been fully paid up to date and that the property is not engaged in any legal conflicts. The investigation of title is a step as towards an agreement of sale. An agreement of sale has three main steps preceding the completion of a transaction of sale they are :
(a) settlement of the terms of the death between the parties particularly relating to the consideration & the property to be transferred;
(b) preparation and execution of the agreement; and
(c) investigation of title of the transfer of property.
The object of investigations of title is to ascertain the ownership and title of a given property, in most cases immovable in nature. The attributes of ownership are
(a) right to have and to get possession;
(b) right to prevent interference by others;
(c) power of alienation;
(d) liberty of using the object according to owner’s will;
(e) liberty of enjoying the fruits and to avail of the object owned;
liberty of changing its form and even destroying it. The origin of ownership is in possession. Actual possession implies a right to retain it until the contrary is proved and to that extent possessor is presumed to be the owner.