After-Acquired Title Definition and Legal Meaning
On this page, you'll find the legal definition and meaning of After-Acquired Title, written in plain English, along with examples of how it is used.
What is After-Acquired Title?
n. A defence in writing made by a defendant, to the charges contained in a bill or information, filed by the plaintiff against him in a court of equity. The word answer involves a double sense; it is one thing when it simply replies to a question, another when it meets a charge; the answer in equity includes both senses, and may be divided into an examination and a defence. In that part which consists of an examination, a direct andfull answer, or reply, must in general be given to every question asked. In that part which consists of a defence, the defendant must state his, case distinctly; but is not required to give information respecting the proofs that are to maintain it. Answer also stands for the declaration of a fact by a witness after a question has been put asking for it.
History and Meaning of After-Acquired Title
After-acquired title is a legal doctrine that deals with the ownership of property. It holds that if a person sells or transfers a property that he or she does not own, but then acquires ownership of the property afterward, the purchaser retains ownership of the property. The principle is based on the idea that a seller cannot transfer more rights to the property than he or she actually has. The doctrine of after-acquired title applies to both real property and personal property.
The doctrine of after-acquired title has its roots in English common law, where it was used to resolve disputes over ownership of land. The rule was later applied to personal property, such as goods and chattels. Today, after-acquired title is recognized in many common law jurisdictions, including the United States.
Examples of After-Acquired Title
A homeowner sells a piece of land to a developer, but it turns out that the homeowner did not have clear title to the property. Later, the homeowner acquires the missing legal documents and rights to the land. In this case, the developer would retain ownership of the land under the doctrine of after-acquired title.
A car dealer sells a vehicle to a customer, but it later turns out that the car dealer did not actually own the vehicle. If the car dealer later acquires ownership of the vehicle, the customer would still retain ownership of the car under the doctrine of after-acquired title.
A business owner sells a warehouse to a buyer, but it turns out that the business owner did not have clear title to the property. If the business owner later acquires the missing legal documents and rights to the property, the buyer would still retain ownership of the warehouse under the doctrine of after-acquired title.
Legal Terms Similar to After-Acquired Title
Chain of title – refers to the ownership history of a property, from the first owner to the current one.
Quitclaim deed – a legal document that transfers any interest in a property from one person to another, without making any guarantees about the title or ownership.
Clear title – refers to the ownership of a property that is free from any liens, encumbrances, or disputes.