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ARTICLE · 16 MAY 2012

Protecting Your Art From Title Claims

Withers LLP
Withers LLP
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Withers LLP

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When purchasing art, note the importance of both researching the art’s provenance, and signing a purchase agreement or a bill of sale with robust warranties and representations with regard to ownership, in order to avoid future title claim issues.

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When purchasing art, note the importance of both researching the art's provenance, and signing a purchase agreement or a bill of sale with robust warranties and representations with regard to ownership, in order to avoid future title claim issues.

Why title claims are a concern

Unfortunately, it is not uncommon for title claims to arise in the context of art purchases and, due to recent court activity, it is worth a reminder to safeguard your art. Last June, for example, art collector Sharyl Davis, who for 10 years owned and displayed in her home a Camille Pissarro monotype entitled Le Marché, was forced to haplessly surrender the artwork in a forfeiture action initiated by the United States Government. Ms Davis took ownership of Le Marché following the dissolution of a corporation that she had partially controlled. The corporation had purchased the work from an art gallery in Texas in 1985. Unknown to Ms Davis, Le Marché was one of two works of art that were

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