Title by Descent Law and Legal Definition

Title by descent is the title acquired by succession or inheritance upon the death of an owner. It is the title by which one person, upon the death of another, acquires the real estate of the latter as an heir at law.

According to the common law, title by descent could not be made, from, to, or through, an alien. [Jacksons v. Sanders, 29 Va. 109 (Va. 1830)].