What is the difference between equitable and legal title?

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The distinction between equitable and legal title primarily revolves around the rights and interests associated with property ownership. Equitable title refers to the right to enjoy the benefits of a property, often involving the use and enjoyment of that property, even if the individual does not hold legal ownership. For instance, a buyer who has entered into a contract to purchase property possesses equitable title; they may have rights such as occupancy or the ability to derive income from the property while not yet formally recorded as the owner.

Legal title, on the other hand, signifies formal ownership of property recognized by law. This includes the rights and responsibilities that come with ownership, such as the obligation to pay property taxes, maintain the property, or bear liability for injuries that occur on the property. Legal title represents the official and recorded ownership interest.

In property law, understanding this distinction is vital for both real estate professionals and property owners, as it impacts various dealings, contractual agreements, and rights inherent to property ownership and use.

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