Direct answer
What does Marketable title mean?
Title reasonably free from serious doubt or a substantial risk of litigation.
Exam cue: A sales contract commonly requires the seller to deliver marketable title, not title free from every minor issue.
What does it look like in a question?
New York example
An unreleased prior mortgage may need to be satisfied before closing.
Common exam trap
What should you not confuse it with?
Marketable does not mean perfect or free from all permitted exceptions.
Related property rights and title terms
DeedA written instrument used to transfer an interest in real property.EasementA nonpossessory right to use another person's land for a stated purpose.EncroachmentA physical improvement that crosses a property line or intrudes into another protected area.Fee simpleThe broadest private ownership estate, potentially lasting indefinitely and subject to government powers and private restrictions.FixtureAn item that began as personal property but is treated as part of the real property because of attachment, adaptation and intent.Joint tenancyConcurrent ownership that includes a right of survivorship when it is properly created.
Sources used2 references with section locators
The curriculum citation confirms exam scope. Definition and rule citations support the explanation itself. Links and locators were checked on August 26, 2026.
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