A deed is the cornerstone of any property transfer. Without it, the legal change of ownership cannot occur. It formalizes who owns the land or home and sets the stage for mortgages, sales, and inheritance.
Knowing what a deed does—and doesn’t—guard against surprises like hidden liens or title disputes. Buyers gain peace of mind, sellers limit future liability, and heirs avoid probate battles by ensuring deeds are properly drafted, signed and recorded.
“Deed” refers to the written document that conveys property. “Title” is the legal concept of ownership rights. You hold title only after a properly executed and recorded deed transfers it to you.
A valid deed must name the grantor (seller) and the grantee (buyer), include a precise legal description (lot number, metes and bounds or recorded plat reference), and contain words of conveyance like “grant,” “convey” or “transfer.”
When the grantor signs, delivers and the county records the deed, ownership passes to the grantee. Recording provides public notice, preventing future claims against the new owner.
Most deeds transfer ownership and may also include promises (warranties). A warranty deed supplies broad guarantees; a quitclaim deed conveys whatever interest the grantor holds, with no assurances.
Typical covenants include: seisin (grantor truly owns the property), right to convey (authority to transfer), and against encumbrances (no undisclosed liens or claims).
Deeds establish your legal ownership and often promise clear title during certain periods. They do not insure against undisclosed prior defects—that’s where title insurance and searches come in.
This deed offers the buyer the broadest cover: the grantor guarantees clear title back to the property’s origin and will defend against any claims.
With a special warranty deed, the grantor only warrants there were no title defects during their ownership. Pre-existing issues remain uncovered.
Quitclaims transfer any interest the grantor may have, but furnish no promises of ownership or freedom from liens. They’re common in intra-family transfers and divorces.
Bargain & sale deeds imply ownership but no warranties—often used at foreclosure auctions. Gift deeds convey property without payment—typical in estate planning. Trustee’s deeds transfer title when a trust or deed of trust arrangement ends.
Technically, anyone can draft a deed if they follow state requirements. However, attorneys or title companies reduce risks of errors in the legal description or covenants.
States require deeds to be in writing, signed by the grantor, notarized, and often witnessed. An accurate legal description is non-negotiable—sloppy descriptions invite disputes.
After signing, file the deed with the county recorder or clerk’s office where the property lies. Recording fees and transfer taxes vary by jurisdiction. Recording promptly ensures priority over later claims.
You can confirm recording by checking the county’s online database or visiting the recorder’s office. Verify grantor’s signature acknowledgment and matching legal description.
A title search uncovers mortgages, liens, easements and judgments. Title insurance protects buyers and lenders against unknown defects that survived the search.
No. A deed transfers the grantor’s interests, but existing mortgages or liens remain unless paid off or released. Always confirm lien releases before closing.
If a defect surfaces, parties may execute a curative deed (corrective warranty or quitclaim) or file a title insurance claim to cover losses up to the policy amount.
Typographical errors or wrong property descriptions can be fixed via a corrective deed or reformation lawsuit. Minor scrivener’s errors often have statutory fix-up procedures.
If someone fraudulently sells your property, you may need a quiet‐title action in court to clear the record and regain unchallenged ownership.
After probate or under a transfer‐on‐death statute, heirs use executor’s or beneficiary deeds to update title records without traditional sales.
A general warranty deed provides the most comprehensive buyer safeguards, backing clear title back to the property’s origin.
Recording is usually immediate upon filing, but processing times vary by county—from same‐day to a few weeks.
Yes, if you meet legal requirements. But DIY deeds carry risks—errors in description or execution can invalidate your transfer.
You can record a corrective or quitclaim deed for honest mistakes. For fraud, a quiet‐title lawsuit is often required to clear title.
Transfer taxes, stamp taxes or documentary fees may apply, depending on local and state laws. Always budget for county recording fees and potential tax stamps.
Deeds are the legal vehicle for transferring property rights. Choose the right deed type, ensure accurate drafting, and record promptly to secure your ownership and protections.
Seek professional help for complex transactions, unfamiliar state requirements or when large sums are at stake. Experts minimize title risk and streamline closings.
Visit your county recorder’s website for fee schedules and recording instructions. Look for state‐specific sample deeds and supplementary FAQs to guide your next transaction.
