Which term refers to an instrument that appears to convey ownership but contains a defect?

The term that refers to an instrument that seems to convey ownership but has a defect is known as "color of title." This concept is particularly important in property law and land surveying since it addresses situations where a person has some form of title or claim to a property that may not be valid due to defects—such as errors in the title deed or issues related to ownership history.

Understanding "color of title" is crucial because it may provide certain rights to the person in possession of the property, such as the ability to claim adverse possession, which allows someone to gain legal title to property by residing on it and meeting specific statutory requirements over time. This differs fundamentally from "cloud title," which refers to any claim or encumbrance that may render the title to a property uncertain or questionable, but does not specifically imply that there is an apparent deed with defects. Recognizing these nuances helps in assessing property ownership issues clearly and effectively, which is fundamental for land surveying practices and resolving real estate matters.