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 Missouri, title refers to the legal ownership of real property and can encompass various interests, such as water, easement, mineral, timber, and hunting rights. These interests can be divided and held by different parties, allowing for multiple layers of ownership over different aspects of the same property. Legal evidence of ownership, typically in the form of a deed, is recorded in public records at the county level to provide a clear record of title. This recording system is crucial for establishing and verifying property ownership and is accessible for public inspection to ensure transparency in property transactions. It's important to note that while possession usually accompanies title, simply possessing property does not prove legal title to it. To establish title, one must have proper documentation that is recognized by law and duly recorded. In cases of dispute or when purchasing property, it is advisable to consult with an attorney to ensure that the title is clear and to address any potential issues with divided interests.