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 Indiana, title to real property represents an individual's or entity's legal ownership and interest in the property. This title can encompass various rights, such as water, easement, mineral, timber, and hunting rights, which can be owned separately by different parties. The title is evidenced by legal documents like deeds, which are recorded in the public records of the county where the property is located. While title indicates ownership, it is distinct from possession, which is the physical control or occupancy of the property. Although possession often accompanies title, it alone does not establish legal ownership. To ensure clear title and resolve any disputes or encumbrances, property owners in Indiana may seek the assistance of an attorney and may also consider purchasing title insurance.