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 Kentucky, title refers to the legal ownership of real property and may encompass various rights, such as water, easement, mineral, timber, and hunting rights. These rights can be owned separately by different parties, allowing for a division of the property's interest. The title is evidenced by legal documents like deeds, which are recorded in the county's public records where the property is located. This ensures a clear chain of ownership and is essential for any real estate transaction. It's important to distinguish between title and possession; while possession often accompanies title, simply possessing property does not prove legal ownership. To establish a clear title, one might need to perform a title search to reveal any encumbrances or liens that could affect ownership. In Kentucky, as in other states, real estate law is complex, and issues related to title can be intricate, often requiring the assistance of an attorney to navigate.