Title is the ownership interest or interests in real property and may include multiple legal and equitable interests that can be separated into separate title interests—such as water rights, easement rights, mineral rights, timber rights, and hunting rights—and held by different parties.
Title may also refer to legal evidence of a person’s or entity’s ownership of a piece of real property—often a document such as a deed that is recorded or filed in the public records (usually at the county level of government).
Title to a piece of real property is distinct from possession of the piece of real property. Possession of real property is a right that generally goes with title to real property—but possession is not necessarily sufficient to prove title to real property.
In Alabama, title refers to the legal ownership of real property and encompasses various interests that can be held separately by different parties, such as water, easement, mineral, timber, and hunting rights. These interests can be divided and owned independently from the land itself. Title is evidenced by legal documents like deeds, which are recorded in public records at the county level to provide notice of ownership. Recording a deed is not mandatory in Alabama, but it is highly advisable as it protects the owner's interests and establishes a priority of claims against the property. While possession of real property often accompanies title, it is not conclusive proof of ownership. To establish clear title, one may need to perform a title search and sometimes obtain title insurance to protect against any defects or claims on the property. It's important to note that Alabama follows the doctrine of adverse possession, which means that someone in possession of land under certain conditions for a statutory period may be able to claim legal title to that property, even against the true owner.