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 Massachusetts, 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 land, while another has an easement or mineral rights. The evidence of title is typically a deed or other legal document that is recorded with the county's Registry of Deeds. Recording the deed provides constructive notice to the public of the owner's interest in the property. It's important to note that while title confers ownership, it is distinct from possession, which is the physical control over the property. Although possession often accompanies title, it alone does not establish legal ownership. To prove title to real property, one must provide the appropriate documentation, such as a deed, that is recognized by law and properly recorded.