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 South Carolina, 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 from the actual land. Legal evidence of ownership, typically in the form of a deed, is recorded in public records at the county level to provide a clear record of title. This recording system is crucial for establishing and verifying ownership, as well as for any transactions involving the property. It's important to note that having possession of real property does not automatically equate to having title. Possession is a right often associated with title, but it alone does not prove ownership. To establish title, one must have proper documentation and legal standing. In real estate transactions, title searches and title insurance are commonly used to ensure that the title is clear of any encumbrances or disputes before the transfer of property occurs.