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What Is the Difference Between a Title and a Property Deed?

May 10, 2023

 

 

When you own property, you will have the Deed as well as the title. The legal distinction between the two is critical if you want to transfer any stake in the property.

When it comes to real estate, you will hear a lot of phrases tossed about. Most people believe that property deeds and titles are interchangeable, but they fact relate to two distinct legal notions. When you completely own a property, you will have both the Deed and the title. However, a title is not the same as a Deed. If you do not know what you are doing, combining the two might lead to complications.

Title is the legal term for claiming ownership of something. In real estate, title refers to ownership of the property, which means you have the right to utilize it. It might be a portion of the property or the whole thing. You may, however, access the land and perhaps change it since you hold title. Title also implies that you have the ability to transfer your ownership interest or part to others. You can, however, never lawfully transfer more than you possess.

Deeds, on the other hand, are legal papers that transfer ownership from one person to another. According to the Statute of Frauds, it must be a written document. The Deed is also referred to as the mechanism for transferring property interests. The transfers may be less than the title you already hold. at most states, deeds must be registered at the courthouse or assessor’s office to be completely binding, although failing to file them does not affect the transfer of title. It simply signifies that the Deed has not been completed. An incomplete Deed does not imply that the title is flawed. It is just an issue with how the documentation around the Deed was handled.

 

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