Deed and title are two words that are oftentimes used synonymously in the world of real estate, but are they actually the same thing, or are people using one term when they actually mean the other? Despite some misconceptions, deeds and titles are actually two different things. We’re going to break them down in layman’s terms so that you can understand which is which and how to use the terms correctly if you’re working to purchase commercial property.
Difference Between Deed And Title
A deed is a physical document that shows ownership of a property, while a title is the concept of ownership that is shown through the deed. During a sale, the title will transfer to the owner, and that transfer is conveyed when the deed is signed, verifying the transfer.
Let’s switch gears a bit to further explain deed and title. After years of hard work, you’ve been offered a promotion to CEO of your company. The contract you sign when you agree to this promotion is like a deed. It is a physical record of your promotion. Your title is CEO, and you now have all the rights and responsibilities that come with being CEO, but it is the signed contract that proves that you have the right to call yourself CEO.
The same goes for property ownership. The physical deed shows proof of ownership, while the title is the concept of ownership that is proven by the deed. When doing research into a property’s title, a title services company will review numerous documents and databases to ensure there are no issues that could call this ownership into question. Divorces, unclear wills and unpaid taxes can all cloud who actually has a valid claim to a property’s title, despite what is shown on the deed
For example, a deed may list Robert Smith as the owner, but if Mr. Smith is divorced or hasn’t paid his property taxes, other parties may have a valid claim to the property, and a title services team will work to clear these issues before a new owner closes on the property. Failing to clear these clouds can cause problems for the new owner or the title services company, so they’ll work hard to ensure a title is clear so that when you sign the deed, you know that nobody else has a valid claim on your title as owner.
At the end of the day, know that titles and deeds are intertwined, but they are different entities. A deed is a physical object, while a title is a concept of ownership.
For more information about deeds, titles or clearing issues prior to closing, connect with the team at Commercial Partners today at (612) 337-2470.