How can the opposite of marketable title be best expressed?

The best way to express the opposite of a marketable title is through the concept of a "cloud on title." A marketable title is one that is free from encumbrances, defects, or disputes that would cause a reasonable buyer to hesitate in purchasing the property. When there is a cloud on the title, it indicates that there are issues or uncertainties associated with the title that could potentially affect ownership rights or limit the ability to transfer the title in the future.

A cloud on title might arise from various factors, such as outstanding liens, claims from third parties, or unresolved legal disputes regarding property boundaries, which can create complications for both the current owner and prospective buyers. This is a critical issue in real estate transactions since inability to resolve such clouds can hinder the sale and lead to further legal problems.

Understanding this terminology is vital for anyone practicing real estate, as it directly impacts how properties are bought and sold, and it informs potential buyers of the due diligence required before making a purchase.