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 Texas, title refers to the legal ownership of real property and encompasses various interests that can be held separately by different parties, such as water, easement, mineral, timber, and hunting rights. These interests can be divided and owned independently. Evidence of title is typically documented through a deed or other legal instrument, which is recorded in the county's public records where the property is located. 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, it alone does not establish legal ownership. To prove title to real property in Texas, one must provide the appropriate documentation that establishes the chain of title and rights associated with the property. An attorney specializing in real estate law can assist in clarifying title issues, ensuring proper documentation, and resolving any disputes regarding property interests.
