Presumptive Title Law and Legal Definition

Presumptive title is a right over a property arising out of mere occupation or possession without any apparent right. A person having a presumptive right can hold property until the possession is obstructed. Actual possession with a claim of ownership in fee establishes a presumptive title as against everyone but not against a person whose title is better. [Loomis v. Roberts, 57 Mich. 284 (Mich. 1885)]

A grantee who enters into actual and hostile possession of land under the color of a tax deed acquires a new presumptive title to every interest in the land. When s/he continues such possession for a period of ten years and pays all taxes assessed and levied upon the single entire estate in the land, s/he acquires a title valid in law to such interest. [Payne v. A. M. Fruh Co., 98 N.W.2d 27 (N.D. 1959)]