color of title


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color of title

The appearance of title to real property,such as a deed that turns out to be defective. Important because those with color of title are given more rights than those who have no color of title,but a mere possessory or other such claim.

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C describes how trademark registration acts like color of title or fencing the property incentivizing activity that enhances notice to the public without stripping the productive use requirement.
93) Thus, like possessing property under color of title, those rights conferred through trademark registration are contingent on actual use.
In both regimes, productive use defines the scope of the right, but plus factors like color of title or fencing in the adverse possession context, or registration in the trademark context can alleviate some of the demands of productive use.
129) We might therefore analogize inherent strength to plus factors like possession under color of title and fencing in the adverse possession context.
115) If the adverse possessor has color of title for the entire statutory period, (116) then the continuous, hostile, and open adverse possession need only be for a period of seven years in order to transfer title to the adverse possessor.
030(a) has been relied on as authorizing courts to establish prescriptive easements, (122) and the test for prescriptive easements is essentially identical to the Linck test for color of title cases.
052(a) still "conclusively" gives title to adverse possessors who have color of title and uninterruptedly, adversely, and notoriously possess property for at least seven years.
Mary acted in good faith, but she does not have color of title to the land on which she built her cabin.
Similarly, in color of title cases brought under section 09.
It is worth nothing that a certificate of sale from a tax sale does not serve as color of title.
2d at 877-79 (holding Noey did not get title after seven years of possession because he did not have color of title during the first two years).
Around that time, Henderson applied to get the 95 acres back under the Color of Title Act, which Congress enacted to help those who bought public land from unscrupulous sellers passing it off as private.