Define: After-Acquired-Title Clause

After-Acquired-Title Clause
After-Acquired-Title Clause
Quick Summary of After-Acquired-Title Clause

An after-acquired-title clause is a provision in an oil-and-gas lease that extends the lease coverage to any additional property interest obtained by the lessee after signing the lease. This ensures that the lease remains applicable even if the lessee acquires more ownership of the property in the future. The after-acquired-title doctrine is a legal principle stating that if someone sells property to another person without actually owning it at the time, the buyer still obtains the title to the property once the seller eventually acquires it. An afterborn child or afterborn heir refers to a child or heir who is born or comes into existence after a specific event, such as the death of a parent. Aftercare is a term used in the juvenile justice system to describe the support and supervision provided to a young person after their release from custody. After cost pertains to expenses incurred following a particular event, such as the cost of repairing a car after an accident. Aftermarket refers to the market for products sold after the original manufacturer has sold them, such as car parts or accessories. After the fact denotes something that occurred subsequent to a significant event in the eyes of the law, such as someone aiding a criminal after they have committed a crime.

Full Definition Of After-Acquired-Title Clause

An after-acquired-title clause is a provision in an oil-and-gas lease that expands the lease’s coverage to include any interest in the property that the lessor may acquire after the lease is executed. For instance, a common wording is “This lease covers all the interest currently owned by or that may be obtained by the lessor in the future. The after-acquired-title doctrine is the principle that ownership of property automatically transfers to a person who purchased the property from a seller who acquired ownership only after purportedly selling the property to the buyer. For example, if a person sells a house to someone else but does not actually own the house yet, the buyer will still obtain ownership of the house when the seller acquires it. An afterborn child refers to a child who is born after a specific event, such as the death of a parent. An afterborn heir is an individual who is born after a will is created but is still entitled to inherit from the deceased person’s estate. Aftercare pertains to the support and supervision provided to a juvenile who has been released from a correctional facility. For instance, a juvenile parole program may offer aftercare services to assist the juvenile in reintegrating into society and avoiding further offences. After cost refers to the total expenses incurred for a project or investment. For example, if a company invests in a new factory, the after cost would encompass the construction expenses, equipment costs, and any other related expenditures. The aftermarket refers to the secondary market for goods or services, such as replacement parts for a car. For instance, if a person needs to replace a broken headlight on their car, they may purchase a replacement headlight from an aftermarket supplier instead of the original manufacturer. After the fact refers to something that occurs subsequent to a legally significant event. For example, an accessory after the fact is an individual who aids someone else in evading arrest or prosecution for a crime that has already been committed.

After-Acquired-Title Clause FAQ'S

An After-Acquired-Title Clause is a provision in a contract that allows the seller to transfer ownership of a property even if they do not currently possess legal title to it. It means that the seller promises to obtain and transfer the title to the buyer at a later date.

An After-Acquired-Title Clause is typically included in a contract when the seller is in the process of acquiring legal title to the property but wants to proceed with the sale before the title is officially transferred. It provides assurance to the buyer that they will eventually receive legal ownership.

Yes, an After-Acquired-Title Clause is generally enforceable as long as it is clearly stated in the contract and both parties agree to its terms. However, its enforceability may vary depending on the jurisdiction and specific circumstances of the case.

If the seller fails to acquire legal title as promised in the After-Acquired-Title Clause, the buyer may have legal remedies available. This could include seeking specific performance, where the court orders the seller to fulfill their promise, or seeking damages for any losses suffered as a result of the seller’s breach.

Whether the buyer can back out of the contract in such a situation depends on the terms of the contract and applicable laws. If the contract includes provisions allowing the buyer to terminate the agreement in case of the seller’s failure to obtain legal title, then the buyer may have the right to do so.

Yes, an After-Acquired-Title Clause can be used in various types of property transactions, including real estate sales, business acquisitions, and personal property transfers. However, it is important to consult with a legal professional to ensure its proper application in each specific case.

Yes, there are risks associated with an After-Acquired-Title Clause. The buyer may face delays in obtaining legal ownership, potential disputes over the title, or even the possibility of the seller being unable to acquire the title at all. It is crucial to conduct thorough due diligence and seek legal advice before entering into a contract with such a clause.

Yes, like any other contractual provision, an After-Acquired-Title Clause can be negotiated or modified by mutual agreement between the parties involved. It is important to clearly define the rights and obligations of each party and ensure that any modifications are properly documented.

Yes, there are alternatives to an After-Acquired-Title Clause. One alternative is to wait until the seller obtains legal title before proceeding with the transaction. Another option is to use an escrow arrangement, where a neutral third party holds the funds until the seller can transfer legal title.

Yes, it is highly recommended to consult with a lawyer before including an After-Acquired-Title Clause in a contract. A lawyer can provide guidance on the legal implications, potential risks, and help ensure that the clause is properly drafted to protect your interests.

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Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 17th April 2024.

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