A deed is a legal document signifying ownership of a particular piece of real property.
At its most basic level, a deed is a form, filed with the relevant state or county department, detailing who owns the property. In other words, it is the physical representation of title to the property.
Each state has its own statutory requirements for what a deed should look like and the details it should contain.
In general, a deed shows the passage of ownership of property from the grantor to the grantee. It signifies the sale of the property, shows the new owner, describes the property, and requires the grantor to defend the grantee against anyone who would challenge the validity of the grantee’s ownership. There are states that require additional notary signatures, and may require deeds to carry additional terms. Learn more about warranty deeds here, and find a list of states requiring notary signatures here.
There are various types of deeds based on what exactly is being sold, including warranty deeds like the one above, grant deeds, quitclaim deeds, and others covering specific types of situations such as mineral deeds.
A quitclaim deed, for example, sells whatever interest in the property the grantor holds. These deeds differ from warranty deeds in that the grantor is not guaranteeing that they hold any interest in the property in question. They are simply “quitting their claim,” and transferring whatever that claim is to the grantee.
Deeds are also used when conveying rights to use the property, such as easements.
Deeds may also carry restrictions as to what the grantee is allowed to do with the property. Common examples of restrictions are homeowner’s association rules and historical site rules. Certain cities and counties use deed restrictions as a way of doing urban planning instead of the more common practice of zoning.
There is a lot to know about deeds, especially as we dig in across the country. If you are interested in learning more, let’s get started with the basic elements of a deed here.
The information provided in Peak Title Professionals, does not, and is not intended to, constitute legal advice. All content is for general informational purposes only and is not intended to provide a complete description of the subject matter. Specific processes will vary based on applicable law. The title and closing process will be handled by a third-party attorney to the extent required by law. Product offerings vary by jurisdiction and are not available or solicited in any state where we are not licensed.
