By Kyaw Kyaw (Judicial Officer)
The state is the “absolute owner” of Land in Myanmar; citizens do not hold absolute property rights. Land ownership and land use in Myanmar are regulated under various laws depending on whether the land is designed: grant land, freehold land, permit land, urban area land, forest land, farmland, or fallow land.
Chain of title is the ownership history of a piece of land, from its first owner to the present one. The ownership history of commercial paper is traceable through the endorsements. Every prior negotiation must have been proper for the holder to have a good title. If a necessary endorsement is missing or forged, the chain of title is broken, and no later transferee can become a holder. (Black’s Law Dictionary, Second Pocket Edition)
Real estate includes the land and anything fixed, immovable or permanently attached to it, such as buildings, walls, fixtures, improvements, roads, trees, shrubs, fences, sewers, structures and utility systems.
The “chain of title” in real estate is associated with the complete and unbroken history of ownership for a particular property. Chain of title includes the transfers of ownership from the original owner to the present owner, transferring all the documents, deeds, and other instruments which have conveyed legal or equitable interest in the real estate property.
The chain of title is an essential concept in real estate law, governing the ownership history and rights associated with properties, deeds, liens, and easements. The chain of title concerns to the sequential arrangement of historical records and legal instruments which establishes the historical records of ownership for a particular property.
Clear and unbroken titles
The term “bundle of rights” refers to a package of legal advantages granted to a real estate purchase that covers all they may and cannot do with the property as its owner.
Titles are phrases which introduce the topic of the entire document. Titles should be easy to understand and address the subject of the entire document. Titles are described at the top of the first page on short documents or on a separate title page in longer documents.
Title is the union of all elements (as ownership, possession, and custody) constituting the legal right to control and dispose of property, the legal link between a person who owns property and the property itself. Legal evidence of a person’s ownership rights in property; an instrument (such as a deed) that constitutes such evidence, record your title with the county clerk. (Black’s Law Dictionary, Ninth Edition)
A legal title is a title that evidences apparent ownership but does not necessarily signify a full and complete title or a beneficial interest. (Black’s Law Dictionary, Ninth Edition)
A legal title gives absolute ownership of a property, while an equitable title does not. An equitable title only gives an individual the right to enjoy the benefits of ownership. A legal title also gives the owner the right to transfer ownership, which the equitable title does not.
An equitable title is a title that indicates a beneficial interest in the property, and that gives the holder the right to acquire a formal legal title. (Black’s Law Dictionary, Ninth Edition)
An equitable title can be defined as the rights a person or an individual enjoys and the benefits that come with property ownership despite not being the legal titleholders.
Equitable and legal title similarities include that they grant certain rights to individuals.
Whose names appear on the deed, and both are legally binding and can be enforced in a court.
A title search is completed by a title firm when you buy a home. The chain of the title search is investigated as part of this procedure to confirm ownership, discover liens, and ensure that judgments and fines have been paid.
The history of ownership of real property helps to build a chain of title to a piece of real estate.
When buying, selling or licensing real estate property rights, be sure to make sure the chain of title is clean and unbroken.
Chain of ownership documents are paperwork discovered in public land records that identify the current property owner.
A chain of title document establishes a history of ownership of a specific property. This is important because it helps avoid confusion over who owns the property and can come in handy if ownership of your property is ever challenged.
Title deeds
A certificate of title is an official state or municipal-issued document that identifies the owner(s) of personal or real property. A certificate of title provides documentary evidence of the right of ownership.
The promissory note, mortgage/deed of trust, and deed are all chain of title documents that affect a person’s ownership rights. These are the documentation that title agents and lawyers evaluate for possible title flaws before a real estate transaction.
Also known as deeds, transfer documents record the transfer of ownership. They describe the property in detail and convey the real estate from the grantor or seller to the grantee or buyer.
A deed is a written statement that transfers title (ownership) or interests in the property to another individual in real estate.
A few additional documents take part in creating a chain of title. The deed is a written document that’s used to transfer ownership of the property to someone else.
A chain of title is updated over the years. This chain will grow whenever the property title is transferred to a new owner.
Property rights are a set of laws that specify what an individual or business can do with their property.
Valid Contract
A valid contract creates legal relations and complete and unbroken ownership of property or clear title.
For a contract to be valid and enforceable by law, it must create a clear and unbroken chain of title. Legal title confers the right to recover specific immovable property.
A person entitled to the possession of the specific immovable property may recover it in the manner prescribed by the Code of Civil Procedure. (Section 8 of the Specific Relief Act)
Any person entitled to any legal character or to any right as to any property may institute a suit against any person denying or interested in denying their title to such character or right. The Court may, at its discretion, make therein a declaration that he is so entitled, and the plaintiff need not in such suit ask for any further relief. (Section 42 of the Specific Relief Act)
The chain of title confers the following numerous advantages: (1) Ensuring Legal Ownership: The establishment of a valid chain of title. (2) Facilitating Real Estate Transactions: (3) Establishing and maintaining an unbroken and precise sequence of ownership records. (3) Protecting Property Rights: A chain of title that is strong and resilient shall serve as a safeguard for property owners, shielding them from any unjustified disputes.
Legal framework
The government has a legal framework that provides and enforces property rights. Individuals can acquire property rights only through mutually agreed-upon transactions.
“Transfer of property” means an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself or to himself and one or more other living persons, and “to transfer property” is to perform such Act. (Section 5 of the Transfer of Property Act)
Mode of Transfer: The Transfer of Property Act also specifies which modes of transfer are valid and which are not. The modes of transfer recognized by the Act include sale, gift, mortgage, and lease. Any other form of transfer is not legally recognized.
Delivery of Possession: The Transfer of Property Act requires that property transfer include possession delivery. It means the transferor must give the transferee physical possession of the property. This requirement is essential for the validity of the transfer and must be met for the transfer to be legally recognized.
The Transfer of Property law is applicable to the property transfer from one person to another. It specifies the legal requirements for such transfers and provides for both parties’ rights and liabilities. Property transfer can be in the form of a sale, gift, mortgage, or lease.
According to Section 5 of the Transfer of Property Act, a transaction of a live person transferring property to one or more living individuals, himself, and other living persons is considered a property transfer. The phrase “assignment” can refer to selling a home, transferring a mortgage or other property right, or assigning a debt. This transfer must take place at a time when the property is in existence. Companies, organizations, and other groups of people are all included in the definition of “living person,” omitting only the specific laws that apply to such entities.
Where, on a transfer of property, an interest therein is created in favour of a person without specifying the time when it is to take effect or in terms specifying that it is to take effect forthwith or on the happening of an event which must happen, such interest is vested unless a contrary intention appears from the terms of the transfer. (Section 19 of the Transfer of Property Act)
Unless a different intention is expressed or necessarily implied, a transfer of property passes forthwith to the transferee all the interest which the transferor is then capable of passing in the property and in the legal incidents thereof. Such incidents include, where the property is land, the easements annexed thereto, the rents and profits thereof accruing after the transfer, and all things attached to the earth; and, where the property is machinery attached to the earth, the moveable parts thereof; and, where the property is a house, the easements annexed thereto, the rent thereof accruing after the transfer, and the locks, keys, bars, doors, windows, and all other things provided for permanent use therewith; and, where the property is a debt or other actionable claim, the securities therefor (except where they are also for other debts or claims not transferred to the transferee), but no arrears of interest accrued before the transfer; and, where the property is money or other property, yielding income, the interest or income thereof accruing after the transfer takes effect. (Section 8 of the Transfer of Property Act)
The Transfer of Property Act 1882 is a crucial law regulating the transfer of movable and immovable property from one person to another. It’s a crucial law since it protects the integrity of property sales and purchases. The Act aims to establish a sound legal basis for the transfer of ownership and to spell out the steps for the transfer to be recognized by the law.
The Transfer of Property law safeguards the rights of all parties involved in a real estate transaction, from the seller to the buyer. Also, the Act aids in safeguarding the rights of all parties to a real estate deal. It provides legal protection against dishonest dealings and guarantees that all business is conducted openly and honestly.
It is crucial to follow the relevant succession acts and probate procedures to ensure a clean, legally sound transfer of property rights.
Importance of chain of title in real estate
When you purchase any type of home, you must be able to obtain a clear and unbroken title that you shall own the home, which is why the title document is essential. This legal document specifies the most important details about your ownership of the property.
Deed validation can establish a clear and marketable title, reducing the risk of future disputes or complications.
The chain of title develops through the years. The chain grows each time the title gets transferred to a new owner.
The chain of title plays a significant role in real estate transfer.
The chain of title is a critical concept in real estate that provides the historical conveyance of ownership for real estate. Establishing a clear and unbroken chain of title is essential for ensuring marketable title and promoting the integrity of property ownership. So, we should establish a clear and unbroken chain of title, and we can promote the real estate market.
I would like to present an understanding that the chain of title is essential in real estate transactions as it provides a clear and unbroken real estate ownership.
