Real Estate

Deed

A deed is a legal document that transfers ownership (title) of real property from one party to another.

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Exam Tip

General warranty = best protection for buyer. Quitclaim = no warranties at all.

What is a Deed?

A deed is the legal instrument used to transfer ownership of real property. It must be in writing, signed by the grantor, and delivered to the grantee to be valid.

Types of Deeds

Deed TypeWarranty LevelProtection
General WarrantyHighestGuarantees title against all defects, past and present
Special WarrantyLimitedOnly guarantees against defects during grantor's ownership
QuitclaimNoneTransfers whatever interest grantor has (if any)
Bargain and SaleMinimalImplies grantor has title but no warranties

Essential Elements of a Valid Deed

  1. Grantor - Person transferring property (must be competent)
  2. Grantee - Person receiving property (must be identifiable)
  3. Consideration - Something of value exchanged
  4. Legal description - Accurate property description
  5. Granting clause - Words of conveyance
  6. Signature - Grantor must sign
  7. Delivery & Acceptance - Must be delivered and accepted

Recording the Deed

While not required for validity, recording the deed with the county provides constructive notice to the world of ownership.

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