Muniment

title deeds

of its many estates

A muniment or muniment of title is a

legal term for a document, title deed or other evidence, that indicates ownership of an asset. The word is derived from the Latin noun munimentum, meaning a "fortification, bulwark, defence or protection".^[1] Thus "muniments of title" means the written evidence which a land owner can use to defend title to his estate.^[2]

An example of muniment of title is the use of a death certificate of a joint tenant to prove that title resides with the surviving joint tenant.

In the United States the definition of "muniment" may differ in statutes state by state. For example, states often have their own version of a Marketable Record Title Act (MRTA) which will extinguish various interests, restrictions, or claims to a property within a certain time period unless renewed during that time period by muniments.

A muniment of title is any documentary evidence upon which title is based. Muniments of title are deeds, wills, and court judgments through which a particular land title passes and upon which its validity depends. Muniments of title need not be recorded to be valid notwithstanding that the recording statutes give good faith purchasers certain rights over the rights of persons claiming under unrecorded muniments of title. Muniments of title do more than merely "affect" title; they must carry title and be a vital link in the chain of title.^[3]

In the

marriage settlements and last will and testaments of varying dates and contained within several sheets of parchment might form the complete devolution of title for just one estate. Many gentry families in England held particular estates for many centuries (the Berkeley family has held Berkeley Castle

since the 12th century, and holds it still in 2021), generating a large volume of documents of title as the estate passed down the generations of the family. Such often large and highly verbose documents were generally folded up to form small packets and were then sealed with wax, with an epitome or summary of the document written in ink on the finished packet.

In 21st-century England, the establishment of the Government department of the

warming house. Special chests were used, designed specifically to aid preservation. Rapid portability of muniments was also a consideration, in case of fire or armed attack of the building.^{[citation needed}

]

The intact muniments room of an ancient mansion house or castle was frequently found by modern historians and genealogists to provide a rich source of materials for research purposes.

References

^ Cassell's Latin Dictionary
^ Black's Law Dictionary 1019 (6th ed. 1990)
^ Cunningham v. Haley, 501 So. 2d 649 (Fla. 5th DCA 1986)

External links

Chisholm, Hugh, ed. (1911). "Muniment" . Encyclopædia Britannica. Vol. 19 (11th ed.). Cambridge University Press. p. 9.

[1] Cassell's Latin Dictionary

[2] Black's Law Dictionary 1019 (6th ed. 1990)

[3] Cunningham v. Haley, 501 So. 2d 649 (Fla. 5th DCA 1986)

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See also

References

External links