Key Takeaways
- A deed transfers property ownership from seller to buyer officially.
- Warranty deeds provide the highest protection against liens or claims.
- Quitclaim deeds are common in family transfers or title corrections.
- Deeds must be signed, notarized, and recorded to be valid.
Article Summary
A deed is a legal document that conveys ownership of real property from one party to another and contains a proper property description.
Deed: Explained in Plain English
In real estate, a deed is a legal document that proves an official transfer of property ownership from one entity to another. A deed is provided at settlement. The home seller gives the deed to the buyer, as witnessed by a notary public.
Without a deed, the home cannot be legally conveyed from the seller to the buyer.
Types of Deeds
There are three common deed types in real estate.
Warranty Deed
Warranty deeds give home buyers the highest level of protection in a home purchase transaction. With a warranty deed, the home seller guarantees a clear title to the property, free from any liens or encumbrances.
Quitclaim Deed
Quitclaim deeds are typically used when transferring property in non-arms-length transactions among known parties, like family members, or when correcting a title defect such as a spelling mistake. Quitclaim deeds are also used in refinancing.
Special Purpose Deed
A Special Purpose Deed is reserved for specific circumstances such as executing a legal will or making court-ordered property transfers.
Reference: Matching Deed Type To Purpose
| Deed Type | Use |
|---|---|
| Warranty Deed | Most home sales |
| Quitclaim Deed | Family or title fixes |
| Special Purpose Deed | Court or legal transfers |
Essential Components of a Valid Deed
A valid deed has five main sections. These sections identify the parties, describe the property, state the transfer, include signatures, and show what is given in exchange.
Section 1: Identification of Parties
The deed clearly identifies the grantor (seller) and the grantee (buyer), ensuring there is no ambiguity about the parties involved in the transaction.
Section 2: Legal Description of Property
Unlike a simple address, this is a detailed description of the property being transferred. It includes boundaries, measurements, and other defining characteristics, ensuring the exact piece of property is unmistakably identified.
Section 3: Operative Words of Conveyance
These words demonstrate the grantor's intention to transfer the property. Phrases like "convey and warrant" are commonly used to indicate this intent.
Section 4: Signatures
The deed must be signed by the grantor, affirming their consent and action in transferring the property.
Section 5: Consideration
This component refers to what the grantee gives, typically monetary value, in exchange for the property. It legitimizes the transaction as a bona fide exchange.
Deed: A Real World Example
Consider a scenario where an individual purchases a new home. The transfer of ownership from the seller to the buyer is legally finalized and recognized through the execution of a deed.
This deed, often a warranty deed in such cases, confirms the buyer's ownership and assures them of the property's clear title, safeguarding their investment.
Common Questions About Deeds
Frequently asked questions about deeds and how they work in real estate transactions.
What information is included in a deed?
A deed typically includes the legal description of the property, names of the grantor and grantee, the date, consideration paid for the property, and the grantor's signature.
What is the difference between a deed and a title?
A deed is a physical, legal document that transfers ownership of the property, while a title is a conceptual term representing ownership rights in a property.
Are there different types of deeds?
Yes, there are several types of deeds, including warranty deeds, which guarantee that the grantor holds clear title to the property, and quitclaim deeds, which convey only the grantor's interest in the property, with no guarantees.
Is a deed legally binding if it is not recorded?
Yes, a deed can be legally binding even if it is not recorded, but recording is crucial to protect the new owner's claim to the property against claims by subsequent purchasers or lenders.
How can I obtain a copy of my property's deed?
Copies of deeds can usually be obtained from the county recorder's office or the county clerk's office where the property is located, often for a small fee.
