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
According to Salmond, title is the fifth element of a legal right. He said Every legal right has a title, that is to say, certain facts or events by reason of which the right has become vested in its owner.
Holland does not include title as an element of legal right. A tendency is noticed towards the identification of title with right.
Austin also does not approve of the use of title for right. His contention is that, title is not the right itself but merely an element of right.
- Legal rights are created by title. A person has right to a thing because he has a title to that thing.
Title = any fact which creates a right or duty.
Classification of Titles:
According to Salmond, “The title is the de facto antecedent of which the right is the de jure consequent.”
Title is the root from which rights proceed.
- Vestitive facts are those which have relation to right. They relate to the creation, extinction and transfer of rights. Investitive facts create them and divestitive facts destroy them.
The main features of Vestitive facts are that they create either a right or extinguish it or transfer it from one person to another.
The Vestitive facts are classified into two parts –
- Investitive facts : Investitive 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.
Titles are also called investitive facts or facts as a result of which a right comes to be vested on its owner.
Investitive facts or titles are further divided into
- Original title – A right may be created de novo and it may have no previous existence. Such a right is called an original title.
- Derivative title – If a right is created by the transfer of an existing right, it is called a derivative title.
- Divestitive facts are divided into:
- Extinctive divestitive facts– The facts of which the legal result is to destroy rights are called extinctive divestitive facts.
- Alienative derivative facts-The facts of which the legal result is to transfer right from the owner are called alienative derivative facts.
It is to be noted that in the case of a transfer of right, the same facts are derivative investitive facts and alienative divestitive facts.
- Bentham:
- Dipositive facts can be divided into three parts –
- investitive facts,
- divestitive facts and
- translative facts.
- Translative facts refer to transferring of rights and duties.
- Investitive facts are divided into two parts – collative and impositive facts. · Collative facts- confer rights and · Impositive facts- impose duties..
- Divestitive facts are subdivided into – destructive and exonerative facts. · Destructive divestitive facts ends rights and · Exonerative divestitive facts release a person from duties.
