Title

• Author: Jeffrey Lehman, Shirelle Phelps

Page 40

In PROPERTY LAW, a comprehensive term referring to the legal basis of the ownership of property, encompassing real and PERSONAL PROPERTY and intangible and tangible interests therein; also a document serving as evidence of ownership of property, such as the certificate of title to a motor vehicle.

In regard to legislation, the heading or preliminary part of a particular statute that designates the name by which that act is known.

In the law of TRADEMARKS, the name of an item that may be used exclusively by an individual for identification purposes to indicate the quality and origin of the item.

In the law of property, title in its broadest sense refers to all rights that can be secured and enjoyed under the law. It is frequently synonymous with absolute ownership. Title to property ordinarily signifies an estate in fee simple, which means that the holder has full and absolute ownership. The term does not necessarily imply absolute ownership, however; it can also mean mere possession or the right thereof.

The title of a statute is ordinarily prefixed to the text of a statute in the form of a concise summary of its contents, such as "An act for the prevention of the abuse of narcotics." Other statutes are given titles that briefly describe the subject matter, such as the "Americans with Disabilities Act." State constitutions commonly provide that every bill introduced in the state legislature must have a single subject expressed by the bill's title. Congress is under no such restriction under the U.S. Constitution, but House and...