Definition : Defect in title

The situation of an immovable where its holder’s property titles are susceptible of partial or total contestation, because of third party rights upon the immovable. A defect in title may exist, for example, if the immovable was incompletely described in a previous sale or when the seller did not have the full capacity to dispose of it. In a co-ownership, this is also be the case where a private portion encroaches on the common portions of the immovable, of which the co-owner holds only an undivided share. Title defects can usually be corrected to give the owner of the immovable a clear title.

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