The Mitchell Team's Blog
A property deed is used to transfer the title of the property of a grantor (the seller) to a grantee (the buyer). For the deed to be active, certain conditions must be set in place. The property must have a complete and accurate description. The buyer and seller must also be clearly identified. This formulation is due to the fact that a deed is a signed legal document.
The deed has a few important requirements for it to be valid and legal. First, the deed must be in writing. Next, the grantor must have some sort of a legal capacity (represented by a lawyer) and the grantee must have the competent ability to receive the property grant. Finally, the deed must actually be accepted by the grantee.
Although this process sounds complicated, it’s usually prepared ahead of time and done at the closing of a property transaction. Different states have different rules and procedures that allow for the transfer of ownership of property, so be sure to check on the specifics in your area.
Different Types Of Deeds
There are many different kinds of deeds. Deeds can be official or private. The type of deed that we are specifying here is known as “official” since the transaction is executed in agreement with legal proceedings. This is just one reason why every home buyer, no matter where you live, is important. Deeds are typically characterized by the type of warranty that they carry.
General Warranty Deeds
These deeds actually offer the grantee the largest amount of protection. The grantor of this deed makes a series of promises that protect the grantee from prior claims and demands to the land. This document would state that the property is free of liens, unless specifically stated on the deed itself. This also protects the grantee (the buyer) from a defective title. This is the most desirable type of deed.
Special Warranty Deeds
A special warranty deed defends the title of the home. The grantor certifies that they have received the title to the property and that nothing has happened while the title has been in their possession that would create a major defect on the property. This means that only defects that occurred on the property while the grantor owned it are valid. This provides less protection than a general warranty deed does. Many buyers will insist that they have a general warranty deed instead in order to feel protected in the property transaction.
Other Types Of Deeds To Be Aware Of
- Quitclaim deed
- Special purpose deeds
- Executor’s deed
- Administrator's deed
- Sheriff’s deed
- Tax deed
- Deed of gift
As a homeowner, much of the legal jargon that’s involved in the transfer of title isn’t something that you need to study up on. The important thing to know is that the deed is the means of the transfer of title. The deed must also meet certain conditions for it to be legally binding. The type of deed that you have determines the type of protection that the deed provides. A qualified real estate attorney should be consulted regarding all legal matters in the home buying and selling process.