- marketable title
- A title good as a matter of law, its validity not being dependent upon the determination of any question of fact. Wurzweiler v Cox, 138 Or 110, 5 P2d 699; First Nat. Bank of St. Johnsbury v Laperle 117 Vt 144, 86 A2d 635, 30 ALR2d 958. A title that a person of reasonable prudence and intelligence, guided by competent legal advice, will be willing to take and pay for according to the fair value of the land. Campbell v Doherty, 53 NM 280, 206 P2d 1145, 9 ALR2d 699. A title not subject to such reasonable doubt as will create a just apprehension of its validity in the mind of a reasonable, prudent and intelligent person. Campbell v Doherty, 53 NM 280, 206 P2d 1145, 9 ALR2d 699. A title free from reasonable doubt both as to matters of law and fact, at law and in equity; a title which a reasonable purchaser, well informed as to the facts and their legal bearings, willing and ready to perform his contract, would, in the exercise of that prudence which businessmen ordinarily bring to bear upon such transactions, be willing to accept and ought to accept. Robinson v Bressler, 122 Neb 461, 240 NW 564, 90 ALR 600. Such ownership as enables and insures to the owner the peaceable enjoyment and control of the land as against all others. Barnard v Brown, 112 Mich 452, 70 NW 1038. A title free from liens or encumbrances, and dependent for its validity on no doubtful questions of law or fact-a title either of record, or, if dependent upon facts extrinsic to the record, dependent only upon facts sure to be easily accessible at all times in the future to a vendee, should his title at any time be attacked. Anno: 57 ALR 1284. A title which the purchaser of real estate under a contract is impliedly bound to accept in the absence of a provision requiring a particular kind of title. Anno: 46 ALR2d 547.
Ballentine's law dictionary. Anderson, W.S.. 1998.