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 Arkansas, 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. The title is evidenced by legal documents like deeds, which are recorded in public records at the county level. This ensures a clear chain of ownership and is essential for transactions involving real property. It's important to note that holding title to property is distinct from possessing it. While possession often accompanies title, it alone does not establish legal ownership. To prove title to real property, one must typically provide the appropriate documentation that confirms the legal transfer of ownership, such as a recorded deed. In cases where title disputes arise, an attorney can help navigate the complexities of real property law to establish or defend a party's claim to title.