Allodial Title Law & Legal Definition


Allodial title is a real property ownership system where the real property is owed free and clear of any superior landlord. In this case, the owner will have an absolute title over his or her property. Property owned under allodial title is referred as allodial land. Allodial lands are the absolute property of their owner, and are not subject to any service or acknowledgment to a superior. In allodial lands there will not be any control by a superior landlord.

An individual’s allodial title is alienable in nature. Alienation can be done in the form of gift, mortgage or it may be distressed and restrained for collection of taxes. The allodial nature of a property will be lost when the property is transferred to more than one person. Therefore, to retain the allodial title s/he can transfer his or her property to another single individual.

For example, when an owner of a property dies leaving ownership to more than one heir, the allodial status of the property is lost.

The following is an example of a case defining allodial title:

Allodial title is defined as one that is free. [Stewart v. Chicago Title Ins. Co., 151 Ill. App. 3d 888 (Ill. App. Ct. 1987)]