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 New York, 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. The title is evidenced by legal documents such as deeds, which are recorded in the public records at the county level, providing a traceable chain of ownership. This recording system is crucial for the protection of property rights and for any transactions involving real property. While possession of real property often accompanies title, it is not conclusive evidence of ownership. To establish a clear title or to resolve any disputes over property rights, parties may need to engage an attorney who specializes in real estate law. The attorney can help navigate the complexities of property law, including title searches, resolving title defects, and ensuring that the transfer of property rights is properly executed and recorded.