Glossary / Cloud on Title
Cloud on Title
A defect in the chain of title that calls marketability into question.
Probate gaps are the single most common cloud on mineral title. Curative work either clears the cloud through additional documents (AOH, executor's deed, judgment) or quiets it through litigation (action to quiet title).
Other common clouds: incorrectly indexed deeds, mortgages that were paid but never released, expired lease terms that weren't recorded as released, judgments naming the property owner that were satisfied but not released, mechanic's liens, and tax liens.
A cloud doesn't mean the title is bad — it means a reasonable buyer or examiner would object. The remedy is documentation: produce enough paper to satisfy the objection, or sue to remove the cloud. For mineral title, AOH and probate file the most common documentary cures.
Related
Use case · Quiet
Quiet Title Action
A lawsuit to resolve competing claims and clear marketable title.
Document
Affidavit of Heirship
A sworn statement identifying the heirs of a decedent, recorded in deed records.
Term
Marketable Title
Title clean enough to sell, lease, or borrow against without reasonable objection.