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 South Dakota, title refers to the legal ownership of real property and may encompass various rights such as water, easement, mineral, timber, and hunting rights. These rights can be divided and held by different parties, allowing for multiple interests in the same property. Evidence of title is typically documented through a deed or other legal instrument, which is recorded in the public records at the county level. This recording provides notice to the public of the titleholder's legal interest in the property. It's important to distinguish between title and possession; while possession often accompanies title, simply possessing property does not prove legal ownership. To establish clear title, one may need to perform a title search and sometimes resolve any disputes or claims through legal action. In cases of ambiguity or dispute over property rights, an attorney specializing in real estate law can provide guidance and representation to assert or defend a party's title to real property in South Dakota.