Also known as: perfect titles · clear title
Written by attorneys · grounded in primary & secondary sources — see below
A form of title to real property that is absolutely clear of defects. It requires every link in the chain of title to be documented of record rather than merely free from reasonable doubt.
Patrick Phan died testate and devised his vacant lot to Paula Pierce. Title passed to Paula by operation of law upon probate, yet a cloud remained because no deed from the estate appeared of record. The personal representative later executed and recorded a fiduciary deed conveying the lot to Paula. That instrument perfected Paula's title by supplying the missing link in the chain.
Pierce Patterson inherited a parcel from his aunt under a will that was admitted to probate. The aunt's own deed from her grantor was recorded, but the probate decree was not. Pierce obtained and recorded an executor's deed reciting the devise. The additional instrument completed the chain and gave Pierce perfect title.
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Prime Logistics held a severed mineral interest that lapsed under state law for nonuse. The surface owner published statutory notice and recorded an affidavit of lapse. The recorded affidavit supplied the final link, converting the surface owner's interest into perfect title to the minerals.
Marketable title need only be free from reasonable doubt so that a prudent buyer would accept it. Perfect title demands that every link in the chain of title be documented of record, a stricter standard that parties may expressly require in a contract.
Transfers by operation of law or by will pass title without a deed from the original owner. A fiduciary such as a personal representative may nevertheless execute a deed to supply a recorded link and thereby perfect record title.
No. When a land-sale contract is silent, the seller's obligation is to deliver marketable title, not perfect title. The parties must expressly agree to the higher standard of perfect or record title.
…late day that it was possible to impose such a qualification upon a fee, and to put it out of the power of the owners to give a clear title for generations. In the more familiar case of an estate tail, the Legislature has acted and the statute has been carried to the farthest verge by construction. Pub. Sts. c. 120, § 15.…