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 North Dakota, 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 surface rights while another holds the mineral rights beneath the land. Legal evidence of ownership, such as a deed, is typically recorded with the county recorder's office where the property is located, providing public notice of the title. It's important to distinguish between title and possession; while possession often accompanies title and can indicate ownership, it is not definitive proof of title. To establish clear title or resolve disputes over property rights, parties may need to engage in a quiet title action or seek other legal remedies. An attorney specializing in real estate law can provide guidance on these matters and help ensure that all aspects of property ownership and title are properly managed and recorded.