What is a Title Document

[mpallamary]

I have a general question for my peer community.

Do you consider a lease a "title document" for the purpose of describing the limit of real property? As an informational item, according to a legal dictionary, a "lease" is defined as:

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A contractual agreement by which one party conveys an estate in property to another party, for a limited period, subject to various conditions, in exchange for something of value, but still retains ownership.

A lease is created when a property owner (the offeror) makes an offer to another party (the offeree), and the offeree accepts the offer. The offer must authorize the offeree to possess and use property owned by the offeror for a certain period of time without gaining ownership. A lease must also contain consideration, which means that the offeree must give something of value to the offeror. Consideration usually consists of money, but other things of value may be given to the offeror. Finally, the offeror must deliver the property to the offeree or make the property available to the offeree. When a lease is formed, the property owner is called the lessor, and the user of the property is called the lessee.

Generally, a lease may be written or oral, but a lease for certain types of property must be in writing and signed by both parties. For example, if a lessee seeks to lease real property (land or buildings) for more than one year, the lease must be in writing. Some leases must be written, signed, and recorded in a registry of deeds. Such leases usually concern real property that will be leased for a period of more than three years.

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Thanks

[Warren Smith]

It could be, but many leases are over a portion of the fee property. As usual, it depends. As an encumbrance, it is much like an easement interest.

[mpallamary]

Thanks!

[mpallamary]

Does this have any value in the discussion?

Thanks again for the feedback.

[dedkad]

And under the category of "it depends", long-term leases are typically treated differently in the title world versus short-term leases.

[mpallamary]

Of course. Thanks!