What Is A Title In Real Estate?

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What Is A Title In Real Estate?

What Is A Title In Real Estate?

Studying for your real estate exam? It's important to know about titles and the different types of deeds. Many people think property deeds and titles are one in the same, but they are actually two different things. Also, ownership and a title are not always the same thing, there can be defects on a title that prevent someone from owning the property.

I know that was a mouth full but keep reading and you will learn more about deeds, titles, and the impact they have on real estate.

What is a title?

A title is a document that proves an individual has the right to ownership of a piece of property. The title lists the owner's name as well as any conditions or restrictions on the property. Some common restrictions are easements, zoning regulations, and building codes. It is important to note that having a title does not guarantee ownership of a property.

Easement:

An easement gives someone the right to use your property for a specific purpose. For example, an easement may allow a utility company to run power lines across your land.

Zoning Regulations:

These are laws that control how land can be used. Zoning regulations will dictate if a piece of land can be used for residential, commercial, or industrial purposes.

Building Codes:

Building codes are regulations that set minimum standards for the construction of buildings. These codes ensure that all buildings meet a certain level of safety.

What is a deed?

A deed is a legal document that transfers ownership of real property from one person to another. In order for the transfer of ownership to be complete, the deed must be properly signed and delivered to the new owner. Here is a list of some of the most common real estate deeds:

Warranty Deed

This is the most common type of deed. It provides the greatest protection to the buyer because it comes with a guarantee that the title is free and clear of any liens or encumbrances.

Quitclaim Deed

This type of deed is often used between family members or when there is some doubt about who owns the property. Quitclaim deeds provide no guarantee that the title is free of liens or encumbrances.

Special Warranty Deed

This type of deed is similar to a warranty deed, but it only provides protection against title defects that occurred during the time the seller owned the property.

Deed in Trust

A deed in trust is used when a property is being financed. The deed is signed over to a trustee who holds the title until the loan is paid in full.

Conclusion

Now you know a little bit more about titles and deeds in real estate. When you are studying for your exam, make sure you can identify the different types of deeds and what they mean for the ownership of a property. And remember, just because someone has a title, it does not mean they necessarily own the property. There could be defects on the title that prevent them from taking ownership.

If you want to see some examples of questions that will be on the actual real estate exam, check out our free real estate practice exam. We have been named as the best real estate exam practice for 7 years in a row!

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