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 West Virginia (WV), title refers to the legal ownership of real property, which can encompass various rights such as water, easement, mineral, timber, and hunting rights. These rights can be owned separately by different parties, indicating that title can be divided into distinct interests. Evidence of title is typically documented through deeds or other legal instruments, which are recorded in the county where the property is located. This recording provides public notice of ownership and is essential for the legal transfer of property rights. It's important to note that holding title to real property is different from possessing it. While possession usually accompanies title, it alone does not establish legal ownership. To prove title to real property in WV, one must provide the appropriate documentation that is recognized by law and properly recorded.