Understanding Real Estate Titles

We can help you understand how to get the best title for your real estate. We serve Berks, Lehigh, Northampton, Bucks, Montgomery, Philadelphia, Chester, Delaware, Lancaster, Lebanon, Dauphin, Schuylkill, York, Carbon, Luzerne, Monroe, Columbia and Northumberland counties.

If you are purchasing a property, it is crucial that you understand real estate titles – from what they are, to the different types of titles – and an experienced Real Estate Attorney can help ensure you get the best title for your needs.

What is a Title?

“A title is a document that shows legal ownership of a property or asset,” Investopedia explains. “A title can represent ownership of a real asset such as a car or an intangible property or asset such as a trademark.”

Types of Real Estate Titles

How your home or other real estate is titled may have legal ramifications, from how the property can be sold or taken by debt collectors to how your estate manages the property after your death. There are several types of real estate titles, each with pros and cons.

The type of real estate title you choose can affect taxing, financing, collateralization (using an asset as collateral to secure a loan), and transferring or selling the property. Determining which title is best for your needs depends on your personal and financial circumstances and how you want ownership of the property to pass if you sell the property, get a divorce or die.

Here are five of the most common types of real estate titles:

Joint Tenancy with Right of Survivorship – With a joint tenancy, two or more people (called tenants) hold the title equally. The tenants do not have to be married or related in any way. Responsibility for the property, how it is used, and the financial burden is shared equally by all tenants. With a right of survivorship, if one person dies, ownership automatically passes to the surviving tenant or tenants.
Tenancy in Common – With a tenancy in common, two or more people hold the title jointly. However, the percentage of ownership can vary. For example, one person may own 30% of the property while the other one owns 70%. The property can be shared equally but the financial ownership is different. Each tenant can sell their interest or pass it on to whomever they want upon their death. If a person does not have a will, their share of the property is distributed based on applicable law. This type of ownership may be used when a group wants to purchase a property or for married couples who do not want the property to automatically pass to the surviving spouse upon death.
Tenants by Entirety – Tenants by entirety is permitted for legally married couples in certain states, including Pennsylvania. This type of ownership looks at the couple as one individual owning the property. Ownership automatically transfers to a spouse upon the death of the other one. Creditors of one spouse may not seek to execute against property owned by both spouses as a joint tenancy by entirety.
Sole Ownership – One person owns the property. This ownership is typical for someone living alone or an individual who purchases a property as an investment.
Corporate or Trust Ownership - Real estate also can be owned by a trust or a corporate entity.

Titles vs. Deeds

The terms title and deed are often used interchangeably but they differ. A deed is written proof that someone owns a property, and it is used to transfer ownership of a property from the current owner (the grantor or seller) to a new owner (the grantee or buyer). It is used to show evidence of a transfer of ownership and the buyer’s right to sell the property to someone else.

“The title is the concept of legal ownership that the deed grants you,” Experian states. A deed is a physical piece of paper, whereas a title is a “concept.” The title gives you the right to use or modify the property.

What is a Title Search?

When a property is sold, a title search is normally performed to ensure that the seller is the legal owner and to confirm if there are liens against the property. A title company normally conducts a title search, which involves examining public records to disclose any potential legal or financial issues with the property, such as outstanding property taxes, undisclosed easements, and outstanding lawsuits or liens against the property.

We Can Help You Avoid Costly Real Estate Mistakes

Purchasing property is a considerable investment, and there are many components to any real estate transaction, including statutory and regulatory requirements. Choosing the best title for your needs can be difficult if you are not familiar with real estate law.

One of the experienced and knowledgeable real estate attorneys at Bingaman Hess can be key to any successful real estate transaction. Call the law firm of Bingaman Hess at 610.374.8377 or find us online.

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Business Succession Planning

By Mahlon Boyer • May 30, 2026

Business succession planning is an important process that helps business owners prepare for the upcoming transfer of ownership and leadership. Whether the transition involves passing the company to family members, selling to business partners or transferring ownership to outside buyers, having a clear succession plan helps reduce uncertainty and protect the long-term security of the business. A careful plan can also minimize disputes, preserve business value and ensure continuity in periods of change. Planning for Business Transfer The first step in business succession planning is identifying how the business will be transferred and who will assume control. Business owners should evaluate their long-term goals, retirement plans, and the financial needs of both the company and their family members. Some owners choose to pass the business on to children or relatives who are already involved in operations. Others may transfer ownership to key employees, business partners or third party buyers. Each option has different legal, operational and financial consequences. A successful transition often takes years of preparation. Potential successors may need leadership training, operational experience and gradual increases in responsibility to ensure they are ready to effectively manage the business. Good communication with family members, partners and stakeholders is also important to avoid misinterpretations and conflict. Business owners should work with legal and financial professionals to create formal succession documents, update corporate records, and establish a realistic timeline for the transfer process. Use of Buy-Sell Agreements Buy-sell agreements are an essential part of many succession plans. These legally binding agreements specify what happens to the interest of a business owner if certain events occur, such as retirement, disability, death or voluntary departure from the company. A buy-sell agreement typically defines who may buy the shares of the departing owner, how the business interest will be valued and the terms of payment. This structure helps maintain stability and prevents ownership disputes that could disrupt operations. For businesses with multiple owners, buy-sell agreements provide understanding and protections for all parties involved. They can prevent unwanted external ownership and ensure that remaining owners retain control of the company. Funding mechanisms are also important. Many businesses use life insurance policies to fund buyouts in the event of an owner's death. This allows surviving owners or family members to complete the transfer without putting financial hardship on the business. Tax Considerations Tax planning is an important part of business succession planning. If the transfer of ownership is not well planned, the business owner and successor will face a substantial tax liability. Depending on how the transfer takes place, the owners may face capital gains, estate, or gift taxes. With good planning, these tax burdens can be reduced with trusts, step-by-step ownership transfers, family partnerships, or changing the type of business entity. Another important factor is valuation. A proper valuation of a business is important for determining tax liability and ensuring that everyone involved in the transfer is treated fairly. Business owners should regularly review their succession plans with accountants, tax advisors, and attorneys, as tax laws are often changing. Regular updates keep the plan in line with changing legislation and the business’s needs. Let Us Help You Navigate the Essentials of Business Succession Planning Don’t wait! Talk to one of the experienced estate planning attorneys at Bingaman Hess today at 610.374.8377 or contact us online. This article is for informational purposes only and does not constitute legal advice. No one may rely on this information without consulting an attorney. Anyone who attempts to use this information without attorney consultation does so at their own risk. Bingaman Hess is not and shall never be responsible for anyone who uses this information. It is not legal advice.