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 Iowa, 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 party may own the surface rights while another holds the mineral rights beneath the land. The title is evidenced by legal documents such as deeds, which are recorded in the public records of the county where the property is located. This recording provides notice to the public of the titleholder's legal interest in the property. It's important to distinguish between title and possession; while possession often accompanies title and can be evidence of it, possession alone does not establish legal title. In Iowa, to transfer title, the deed must be delivered and accepted, and to protect the interests of all parties, it is advisable to have a clear title, often ensured through a title search and title insurance. Disputes over title can be complex, and an attorney specializing in real estate law can provide guidance on issues related to property title in Iowa.