What Is Title?
Title is the legal right to ownership of property — and the evidence of that ownership. To "hold title" is to own the bundle of rights that come with property: the right to possess it, use it, exclude others, and transfer it. In real estate, title is distinct from the deed, which is the document that transfers title from one owner to the next.
Title in Florida Real Estate
- Marketable title — ownership free of significant defects, liens, or claims that would make it unsellable
- Chain of title — the recorded history of ownership transfers
- Clouds on title — claims or defects (liens, errors, competing interests) that must be cleared
Protecting Title
Before a Florida closing, a title search examines the public records to confirm the seller owns the property and to identify liens or defects. Title insurance then protects the buyer and lender against covered defects that surface later. How title is "vested" — sole ownership, tenancy in common, joint tenancy, or tenancy by the entireties — also determines what happens to the property on an owner's death.
Related Terms
- Deed — The document that transfers title
- Title Insurance — Protection against title defects
- Chain of Title — The recorded ownership history
Barnes Walker Real Estate
Barnes Walker's real estate attorneys and title professionals examine, clear, and insure title on Florida transactions. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC