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 Colorado, title refers to the legal ownership of real property and can encompass various interests, such as water, easement, mineral, timber, and hunting rights. These interests can be divided and held by different parties, allowing for complex ownership structures. Evidence of title is typically in the form of a recorded document, like a deed, which is filed with the county's public records. This ensures a clear chain of title and public notice of ownership. It's important to note that holding title to real 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 provide the appropriate legal documentation. In cases of dispute or when conducting real estate transactions, it is advisable to consult with an attorney to ensure that title issues are properly addressed and that the title is clear and transferable.