Legal Title Defined

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Legal Title Defined

A “legal title” is “one cognizable… in a court of law.”[1] “Judicial cognizance” being “judicial notice, or knowledge upon which a judge is bound to act without having it proved in evidence.”[2]

Even more importantly, a legal title is “one which is complete and perfect so far as regards the apparent right of ownership and possession, but which carries no beneficial interest in the property, another person being equitably entitled thereto; in either case, the antithesis of ‘equitable title.’[3]“And many shall follow their pernicious ways; by reason of whom the way of truth shall be evil spoken of. And through covetousness shall they with feigned words make merchandise of you:” (II Pe. 2, 2-3.)

First, we see that a legal title, although it may appear to be a “right of ownership”, “carries no beneficial interest.” If a legal title does not include a right to the beneficial interest, then it does not include a right to the “profit, benefit, or advantage resulting from a contract,” nor does it include “the ownership of an estate.” After all, a beneficial interest is “distinct from the legal ownership.”[4]

In the simplest of terms, a legal title only appears to be a right to ownership, but it is not the “ownership of an estate.”

“Take heed to thyself, lest thou make a covenant with the inhabitants of the land whither thou goest, lest it be for a snare in the midst of thee:” (Exodus 34, 12.)

By definition, a legal title is the opposite, or at least the antithesis, of an “equitable title.” An equitable title, as opposed to a legal title, “is a right in the party”, rather than only appearing to be a right. It is “the beneficial interest of one person whom equity regards as the real owner, although the legal title is vested in another.”[5]

Slave to Salvation Series: Part 8: Law vs Legal] ~9 min

Chapter 2. of the book The Covenants of the gods
Law vs Legal
Audio http://keysofthekingdom.info/COG-02.mp3
Text http://www.hisholychurch.org/study/gods/cog2lvl.php

Even though you may discharge a debt and obtain legal titles, you still do not have clear and good titles, which “are synonymous; ‘clear title’ meaning that the land is free from incumbrances, ‘good title’ being one free from litigation, palpable defects, and grave doubts, comprising both legal and equitable titles and fairly deducible of record.”[6]


“Whoso causeth the righteous to go astray in an evil way, he shall fall himself into his own pit: but the upright shall have good [things] in possession.” (Proverbs 28:10)

This division of true title into a legal title on one hand verses an equitable title on the other is called equitable conversion. Equitable conversion is a “Constructive conversion.”

CONVERSION is an, “alteration, interchange, metamorphosis, passage, reconstruction....”[7]

What is the Beneficial interest?

BENEFICIAL INTEREST is the, “Profit, benefit, or advantage resulting from a contract, or the ownership of an estate as distinct from the legal ownership or control.”[8]


BENEFICIAL USE is, “the right to use and enjoy property according to one’s own liking or so as to derive a profit or benefit from it…"[9]

While Americans once came to America to own their own land something else seems to have taken place since that early struggle. “The ultimate ownership of all property is in the State; individual so-called ‘ownership’ is only by virtue of Government, i.e., law, amounting to mere user; and use must be in accordance with law and subordinate to the necessities of the State.”[10]

Footnotes

  1. Black’s Law Dictionary 3rd p 1734.
  2. Black’s Law Dictionary 3rd “cognizance” p 346.
  3. Black’s Law Dictionary 3rd “legal title” p 1734.
  4. Black’s Law Dictionary 3rd “beneficial Interest” p 206.
  5. Black’s Law Dictionary 3rd “Equitable Title” p 1734.
  6. Black’s Law Dictionary 3rd “clear title” p 1733.
  7. LEGAL THESAURUS by William C. Burton second edition
  8. Black’s Law Dictionary 3rd p 206
  9. Black’s Law Dictionary 3rd p 206
  10. Senate Document No. 43; SENATE RESOLUTION NO. 62 (Pg 9, Para 2) April 17, 1933.

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