Monthly Archives: November 2011

What Is Proof of Ownership

There are few things in this world that someone does not own. When I say things I am referring to property, that includes both real property and personal property. Real property is land, water, and the things located on them. Personal property is tangible items that one possess that can be carried about or items that are not related to the land nor sea, or restricted to being used only in a particular location. All real property located in the developed areas of this country has some form of documented ownership by someone or some entity. Some personal property requires documented ownership.

The document that shows proof of ownership for real property is call a deed, or in some cases when the land is used as collateral to secure a loan it will have a deed of trust to show the ownership to the loan holders, and those paying the loan. Personal property that require or offer documentation of ownership is noted by a title.

Real property is either owned by individuals, corporations, or the government, either local, state, or federal. Records are kept in the local court houses that show ownership of land. The owner of the land should also be in possession of a copy of the deed to any land they own. These records are public, and not private.

Personal property that require a title to it is also owned by individuals, corporations, or the government, be it local, state, or federal. Since most personal property that require titles are vehicles, mobile homes, or trailers, the title for this property is located in the local Division of Motor Vehicles. If personal property is used to secure a loan the title will have listed on it that their is a lien against it. Once the lien is satisfied, the lien will be removed and the title will show no liens. The title to personal property is held by a public entity, but is not made accessible to the public as easily, and as readily as a deed is. If one desire to find out about a title, in some case a freedom of information act request may have to be submitted and approved. Of course the police departments have easy access to this information, and sometimes they will share it with individuals they deem to have a need to know.

There are two ways to obtain a deed and a title. The first way to obtain a deed is by homestead, that is done by claiming land that has never been deeded to anyone. The second way to obtain a deed is by transfer, that is to receive it from a previous owner. The first way to obtain a title is by being the original owner to possess a brand new car, trailer, mobile home or the like. The title will indicate that you are the original owner. The second way to obtain a title is by transfer from a previous owner. So by title or deed, one is designated as the owner of property.