A deed is the primary instrument used to transfer title to real property. The person transferring the property is the grantor, and the person receiving it is the grantee. A deed only transfers whatever interest the grantor has at the time of delivery. It is important to understand that a deed does not prove ownership — it is merely evidence of a transfer.
When John sells his house to Mary, his attorney prepares a deed naming John as the grantor and Mary as the grantee. Once John signs the deed and delivers it to Mary at closing, and Mary accepts it, the transfer of title is complete.
Remember: a deed transfers title, while a title is the actual right of ownership. Exam questions often test whether a deed must be recorded to be valid — it does not. Recording protects the grantee but is not required for a valid transfer between the parties.
Related Terms
Related Concepts
A general warranty deed provides the greatest protection to the grantee by guaranteeing that the grantor holds clear title and has the right to sell the property. It includes covenants that protect against all defects in title, even those arising before the grantor owned the property.
A special warranty deed guarantees that the grantor has not caused any title defects during their period of ownership, but does not warrant against defects that existed before the grantor acquired the property.
A quitclaim deed transfers whatever interest the grantor may have in a property without making any warranties or guarantees about the quality of title. It offers the least protection to the grantee.
A bargain and sale deed implies that the grantor holds title and possession of the property but does not include warranties against encumbrances or title defects.
For a deed to be valid, it must contain several essential elements including a competent grantor, identifiable grantee, consideration, legal description, granting clause, signature of the grantor, and delivery and acceptance.
Frequently Asked Questions
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