Title

What Is a Title?

A title is a document that shows legal ownership to a property or asset. A title can represent ownership of a real asset such as a car or an intangible property or assets such as a trademark.

A title might show ownership of property rights of an individual or business, which is the ownership of resources whether they're tangible (physical in nature) or intangible. Titles can be obtained by purchased or inherited as an estate.

It's important that a title search is performed by a title company to ensure that there are no liens, back taxes, or issues with the title that would prevent the sale of the asset.

Understanding Titles

Three components apply to the concept of a title: ownership, occupation or possession, and the right of possession. While there are various types of titles, two are most commonly obtained: personal property titles and real property titles.

Personal Property Titles

Titles to personal property allow individuals the rights to own things that don't fall under the real property category. It also includes all rights or interests in movable things.

Personal property is generally divided into two main categories. The first category involves corporeal personal property, meaning all property that is tangible or material. This includes items such as merchandise, jewelry, and animals. The second category involves incorporeal personal property, meaning items that are not necessarily material or tangible. This includes items such as copyrights, patents, bonds, and stocks.

Real Property Titles

Different from personal property, real property — cars, and real estate — is provided a title that conveys ownership. Whenever an asset is sold, the title is transferred to the buyer. All personal property that is sold or traded must be free of liens and other debts before the property can be transferred to another party.

In other words, the title must be a clear title, which is when there are no creditors claiming ownership due to extending credit to a borrower. A clear title means that the owner has an undisputed claim to the property or asset. If the title is not clear, it might be considered a bad title because there could be outstanding liens against the property, back taxes owed, or unresolved building code violations.

It's important that a title search is performed by a title company to ensure that there are no liens, back taxes, or issues with the title that would prevent the sale of the asset.

Types of Real Estate Titles

Real estate ownership, or titles, may take one of several different forms. Primary forms of real estate ownership include:

Types of Car Titles

A car can have a clear title or bad title similar to property as well as other types of titles depending on the status of the car:

Example of a Title

John sold his car and must transfer the title to the buyer. John contacts his local Department of Motor Vehicles (DMV) to obtain the necessary fees and forms to transfer the title. John creates a bill of sale showing the sale of the car to the buyer along with the car's price. John also signs to the title over to the buyer to prove the new ownership has been transferred.

The transfer can only be done if there are no liens from an auto lender or back taxes owed by John. The buyer takes the title and the bill of sale to the local DMV and has the car registered. A new title would be issued in the buyer's name.

Please note that each local DMV may have additional forms, requirements, and fees associated with the buying and selling of a car.