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 Rhode Island, title to real property represents the legal ownership and the bundle of rights associated with the property. These rights can include various interests such as water, easement, mineral, timber, and hunting rights, which can be owned separately by different parties. The title is evidenced by legal documents like deeds, which are recorded in public records, typically at the county level, to provide notice of ownership to the public. The Rhode Island General Laws govern the recording of such documents to ensure a clear chain of title and protect property rights. While possession of real property often accompanies title, it is not conclusive proof of ownership. Possession without title can lead to disputes, and establishing a clear title may require legal action such as a quiet title lawsuit. It is important for property owners and potential buyers to conduct thorough title searches and consider title insurance to protect against title defects and claims.