Also known as: pass of title · title passes · passing title · transfer of title · passage of title
Written by attorneys · grounded in primary & secondary sources — see below
The transfer of ownership rights in goods or property from one party to another. Statutory rules or party agreement fix the precise moment and location of the transfer, often keyed to delivery or performance.
Pierre Poulin and his wife held their residence as tenants by the entirety. While divorce proceedings were pending, Poulin executed a will leaving his interest in the house to his adult child from a prior marriage. Poulin died before the divorce was final. Title to the residence vested immediately in the surviving spouse by operation of law.
Penelope Price conveyed a parcel to Phoenix Technologies by warranty deed even though Price did not yet hold record title. Two months later Price acquired the missing interest through inheritance. The after-acquired interest passed automatically to Phoenix Technologies.
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Patricia Patel agreed to sell a registered cow to Perry Pratt for a breeding price. Both parties believed the animal was barren. After the contract was formed but before delivery, the seller discovered the cow was pregnant. Because of the mutual mistake about the animal's condition, title never passed to the buyer.
Paul Peterson, acting for Progressive Healthcare, sold a medical office building titled in the corporation's name to Pacific Bank. Peterson signed the deed in the corporate name and delivered it at closing. Title passed to the bank upon execution and delivery of the instrument.
Title passes to the buyer at the time and place the seller completes physical delivery of the goods, unless the parties agree otherwise. If the contract authorizes shipment but not delivery at destination, title passes at the time and place of shipment.
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No. Property held in joint tenancy or tenancy by the entirety passes by operation of law to the surviving joint tenant or spouse. A will cannot dispose of such nonprobate property even if the testator attempts to devise it to a third party.
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Under the doctrine of estoppel by deed, after-acquired title passes automatically to the grantee once the grantor obtains the interest. The grantor is estopped from denying that title existed at the time of the original conveyance.
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…or not the title passed with the sending of the letter and order by the defendants to the plaintiff. This question as to the passing of title is fraught with difficulties, and not always easy of solution. An examination of the multitude of cases bearing upon this subject, with their infinite variety of facts, and at least…