Title in Jurisprudence Notes

Title is a link between a person and an object to establish ownership of property. A title is the de facto antecedent of which the right is the de jure consequent. Right of possession on ownership comes in term of de facto first and later de jure. For example, I have a watch on my hand. How it can be said that it is my, or I have title over it. I have either purchased it, or someone has gifted me, or I have inherited it from elsewhere. Title is created even of stolen objects. It is right of ownership in fact and in law over property.

Kinds of Title

There are two kinds of title are as follow

• Investitive factsInvestitive facts create rights. This right is created first time on the objects, which are ownerless. When I catch fish it is my original title and if I purchase it from elsewhere then it is called derivative title. Derivative right is second right, which is created after gone away of original right.
• Divestitive factsDivestitive facts are those, which loss or keep away of right is termed as divestitive facts.
• Alienative rightAlienative right is right which is separated or transferable.
• Extinctive rightExtinctive right is right which is kept away or destroyed.