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 Louisiana, title refers to the legal ownership of real property and may encompass various interests, such as water, easement, mineral, timber, and hunting rights. These interests can be owned separately by different parties. Evidence of title is typically documented through a deed or other legal instrument, which is recorded in the public records of the parish where the property is located, as Louisiana does not have counties. While title represents ownership, possession is the physical control or occupancy of the property, which usually accompanies title but is not conclusive proof of ownership. It's important to distinguish between the two because a person may possess a property without holding title to it, such as in the case of a tenant. In Louisiana, real property law is influenced by the state's civil law tradition, which differs from the common law system used in most other U.S. states. Therefore, the nuances of title and possession may be unique to Louisiana's legal framework.