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 Minnesota, title to real property represents the legal ownership and the bundle of rights associated with the property. These rights can include water, easement, mineral, timber, and hunting rights, and they can be divided and held by different parties. For instance, one party may own the surface rights while another holds the mineral rights beneath the land. The evidence of title is typically a deed or other legal document that is recorded with the county recorder's office where the property is located. This public recording helps establish and protect the owner's rights to the property. It's important to note that while title confers ownership, it is distinct from possession, which is the physical control or occupancy of the property. Possession can be an indicator of title but, on its own, is not conclusive proof of ownership. To fully understand and establish title to real property, an attorney may conduct a title search and review the chain of title to ensure that there are no defects or encumbrances that could affect the owner's rights.