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 California, title to real property represents the legal ownership and the bundle of rights associated with the property. These rights can include water, easement, mineral, timber, and hunting rights, and they can be divided and held by different parties. For instance, one person may hold the mineral rights while another holds the rights to live on and use the land. The evidence of title is typically a deed or another document that is recorded with the county recorder's office where the property is located. This public recording helps establish and protect the owner's rights. It's important to note that having possession of real property does not necessarily equate to having title. Possession means physically occupying or using the land, which can occur through leasing or other arrangements without having ownership. To prove title, one must demonstrate legal ownership, usually through the recorded deed or a title insurance policy. In disputes or transactions, an attorney can help clarify the specifics of title and possession and ensure that all property rights are properly documented and protected.