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 Nebraska, 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. The title is evidenced by legal documents such as deeds, which are recorded in the public records of the county where the property is located. This ensures a clear chain of ownership and is essential for the transfer of property rights. It's important to distinguish between title and possession; while possession usually accompanies title and can indicate ownership, it is not definitive proof of title. To establish a clear title or to resolve any disputes over property rights, individuals often seek the assistance of an attorney who specializes in real estate law. In Nebraska, as in other states, the process of transferring title and recording deeds must comply with state statutes, and any transfer of real property must be done in accordance with these laws to ensure the new title is recognized legally.