How To Get A Property Deed

Clients Rate Lawyers on our Platform 4.9/5 Stars
based on 2,277 reviews

Jump to Section

Need help with a Property Deed?

Post Project Now

Post Your Project (It's Free)

Get Bids to Compare

 Hire Your Lawyer

The importance of using the right document during property sales or transfer can never be overemphasized. One of the most important document types is the property deed. This article comprehensively discusses how to get a property deed, alongside all other vital information you should know about the process.

What Is a Property Deed?

Simply put, a property deed is a legal document indicating the rightful owner of real estate or a piece of property. Property deeds are used to transfer property ownership from one person to another after the various contractual and financial requirements have been met, typically laid out in a purchase and sale agreement .

Otherwise called a house deed, a property deed also identifies the seller of the property, also called the grantor, and the buyer, the grantee. Both the grantor and grantee must sign the property deed for a successful ownership transfer; otherwise, the process is invalid. Other processes that validate a property deed, apart from the signing of both parties, are notarization of the deed and filing it in a public record.

A property deed helps dispute resolution, identifying the rightful current owner of the property. It also helps keep track of how frequently the property’s ownership has been transferred.

Here is an article about the deeds.

How To Get a Property Deed – Step by Step

If you’re involved in a real estate transaction, you may be required to get a property deed. Below is a detailed and easy to follow step-by-step guide on how to get a property deed:

Step 1: Get a Deed Form.

Obtain a property deed form at the recorder office of your local county, a law library, or an office supply store. There are different types of property deeds; you can use either the quitclaim deed or the grant deed .

Step 2: Legally Describe the Property.

People often mistake their property’s physical address as its legal description. However, it’s not. Your property’s legal description includes the lot number, boundaries, any easements, etc. Call the local appraisal district or check your property’s tax statements for the exact legal description to use.

Step 3: Identify the Parties Involved.

Parties typically involved include the grantor and grantee. Enter their names in the respective spaces indicated in the deed form. Again, the owner of the property is regarded as the grantor, while the buyer or the beneficiary of the property transfer is called the grantee.

Step 4: Date and Signature.

Create your signature in the presence of a notary public. Both parties must sign. Without the grantor’s signature, the deed isn’t valid. Some states require a witness’ signature as well. The date of signing must also be included, as specified.

Step 5: File the Property Deed.

Finally, file the property deed at the local county courthouse for recording. While submitting, ensure you include the Preliminary Change of Ownership form. After recording, your deed will be sent to you via mail. Filing and recording your deed makes it viewable by the general public.

Here is an article on how to get a property deed.

What’s Typically Included in a Property Deed?

Knowing what to include in a property deed is key to making sure you go through the process correctly and without issues. Having understood the step-by-step process involved in getting a deed, next is a detailed list of what you should be included.

Generally, the property's legal description and both parties' signatures must be included in a property deed. Also, to ensure the legal enforceability and validity of a property deed, a deed must meet the following requirements:

  • On its face, the property deed must state that it is a deed. Phrases such as "this deed" "executed as a deed" are often used.
  • A property deed must declare that it conveys or awards certain special privileges or rights to someone. That is, a grantor is granting a grantee ownership rights of a property. The grantor must have the legal rights to do so, and the grantee must have the legal capacity to handle such privileges - otherwise, the property deed is invalid.
  • The deed must be notarized.
  • The deed must have a seal.
  • The property must be delivered and accepted by the grantee for validation. Otherwise, the deed remains invalid.

Here is an article on what is included in a property deed.

Meet some lawyers on our platform

Scott S.

11 projects on CC
View Profile

Gregory B.

42 projects on CC
View Profile

Maxwell L.

4 projects on CC
View Profile

Angela Y.

1 project on CC
View Profile

Who Holds the Deeds to Property?

The original property deeds are typically held by real estate lawyers who acted when the property was last sold. Also, your mortgage provider may retain the deeds to your property if you have any mortgage on the property.

A copy of your property deed is also sent to your mail for acceptance and validation. The conditions guiding your acceptance are often called “covenants.”

Types of Property Deeds

There are various types of property deeds. Knowing the various types of property deed is a strong prerequisite to understanding how to get a property deed.

Property deeds are generally categorized as private or official. While private deeds involve business entities and individuals, official property deeds are typically executed pursuant to legal proceedings or a court.

Alternatively, property deeds are classified based on the title warranty type provided by the property’s owner. The types of property deeds based on this classification include:

General Warranty Deed

This type of property deed offers the highest level of protection to property buyers of beneficiaries of property transfers. A general warranty deed requires grantors to make legally binding promises, otherwise called covenants, to protect the grantee against possible disputes.

The covenants included in a general warranty deed are the covenant of seisin – which confirms that the grantor has the legal right to convey the property; covenant of quiet enjoyment; covenant against encumbrances – confirming that the property is free of burdens and debts, except if otherwise stated in the deed; covenant of further assurance – confirming that the grantor will deliver any document needed in the future.

Special Warranty Deed

The special warranty property deed offers relatively lesser protection to grantees. Unlike the general warranty deed, the special warranty deed only requires that the grantor warrants they only received the property’s title and haven’t done anything to cause defect throughout their ownership of the property.

Typically, the general warranty deed is recommended over the special warranty deed, mainly because of grantees' less protection.

Quitclaim Deed

This offers grantees the lowest level of protection. Otherwise called the non-warranty deed, the quitclaim property deed conveys only the grantor interest, without any promise or warranty about the quality of the property title.

Quitclaims are often used when a grantor doesn’t know the exact status of the title, whether it has any defect or otherwise. For titles with zero defects, the quitclaim deed is equal to the general warranty deed. However, if there are any defects, the grantee doesn’t have any legal stance against the grantor.

Special Purpose Deed

The last type of property deed under consideration is the special purpose deed. This type of deed is often used in court proceedings where the grantor acts in any official capacity. Special purpose deeds typically don’t offer grantee protection and can be categorized as quitclaim deeds.

Executor’s Deed, Tax Deed, Administrator’s Deed, Sheriff’s Deed, Gift Deed, and others are typical types of Special Purpose Deeds.

Here is an article on the types of property deeds.

Get Help with a Property Deed

A property deed must accompany buying, selling, or transferring real property to confirm its validity. Are you planning to buy a property, or are you a beneficiary of a property transfer and unsure of how to get a property deed?

Post a project in ContractsCounsel’s marketplace to receive bids from real estate lawyers that work with clients on their property deed needs. All lawyers are vetted by our team and peer reviewed by our customers for you to explore before hiring.

How ContractsCounsel Works
Hiring a lawyer on ContractsCounsel is easy, transparent and affordable.
1. Post a Free Project
Complete our 4-step process to provide info on what you need done.
2. Get Bids to Review
Receive flat-fee bids from lawyers in our marketplace to compare.
3. Start Your Project
Securely pay to start working with the lawyer you select.

Meet some of our Lawyers

View Nicholas
Member Since:
February 28, 2022

Nicholas V.

Attorney
Free Consultation
Get Free Proposal
Denver, CO
4 Yrs Experience
Licensed in CO, NY, TX
Texas A&M University School of Law

I am a solo practitioner with offices in Denver, Colorado and Austin, Texas with a focus on general business and real estate contracts.

View Kelvin
Member Since:
February 25, 2022

Kelvin R.

Attorney
Free Consultation
Get Free Proposal
Dallas, TX
25 Yrs Experience
Licensed in TX
Tulane Law School

Experienced business and contract lawyer. Our firm specializes in commercial litigation and dispute resolution.

View Jessee
Member Since:
March 14, 2022

Jessee B.

Attorney | Creative at Law
Free Consultation
Get Free Proposal
Tennessee
9 Yrs Experience
Licensed in TN
The University of Memphis—Cecil C. Humphreys School of Law | Juris Doctor, Law)

Whether you're thinking of starting your own business and not sure how to bring your vision to life, or you're a business owner, creative professional, creator, influencer, artist, musician, startup, nonprofit, or entrepreneur who wants to grow your business and protect your content and brand—I can help. Get experienced legal counsel, quality representation, and creative solutions customized to fit your unique needs. Services include: entity formation, business issues, planning, financing, and strategy; contract drafting, review, and negotiation; intellectual property protection; copyright and trademark filing; startup and nonprofit setup and guidance; real estate matters; property purchase, sale, and leasing; assistance with legal issues related to content creation, branding, design, writing, film, music, art, entertainment, social media, e-commerce, marketing, advertising, data and privacy compliance, and more. Questions? Let's work together. Reach out and say hello.

View Doug
Member Since:
March 4, 2022

Doug S.

Co-Managing Member
Free Consultation
Get Free Proposal
Dallas, TX
24 Yrs Experience
Licensed in TX
Southern Methodist University School of Law

I am an experienced A/V rated attorney. I have practiced for over twenty years in the areas of bankruptcy and creditors' rights, receiverships, and commercial litigation. I am a Credentialed Distinguished mediator (by the Texas Mediator Credentialing Association) and arbitrator and have been an active dispute resolution professional for sixteen years. I am an EMDR Trained Licensed Professional Counselor, with emphases on trauma and professionals dealing with stress.I am an experienced A/V rated attorney. I have practiced for over twenty years in the areas of bankruptcy and creditors' rights, receiverships, and commercial litigation. I am a Credentialed Distinguished mediator (by the Texas Mediator Credentialing Association) and arbitrator and have been an active dispute resolution professional for sixteen years. I am an EMDR Trained Licensed Professional Counselor, with emphases on trauma and professionals dealing with stress.

View Stephanie
Member Since:
March 8, 2022

Stephanie C.

Attorney
Free Consultation
Get Free Proposal
Niceville, FL
2 Yrs Experience
Licensed in AL
Southern University Law Center

Alabama Licensed Attorney offering Freelance Services for Wills, Trusts, Probate, Family Law Documents, Criminal Matters, and Real Estate Closings.

View Benjamin
Member Since:
March 10, 2022

Benjamin V.

Attorney
Free Consultation
Get Free Proposal
Colorado
3 Yrs Experience
Licensed in CO
Columbus School of Law, Catholic University of America

My practice involves counseling businesses and individuals on a variety of contracts, such as business formation, technology/IP, real estate, leases, and even domestic relations agreements. Much of my practice is dedicated to litigation. As such, I approach contract and transactional work from a litigation perspective by advising clients of the risks involved in failing to develop proper contracts. It takes more than knowledge of the law to be a good lawyer. A good lawyer is honest and forthcoming with clients and has a counseling ethos. And, to me, a good lawyer stands in the shoes of the client when considering how to best serve that client. Whether my client is a business or an individual, I am passionate about helping my clients understand their rights, responsibilities, risks, and possibilities.

View David
Member Since:
March 10, 2022

David H.

Technology Contract Attorney
Free Consultation
Get Free Proposal
Fort Wayne, Indiana
11 Yrs Experience
Licensed in MI
Western Michigan University - Thomas M Cooley Law School

Michigan licensed attorney. A compelling combination of technology, sourcing, sales, and legal experience. Over 20 years in technology positions negotiating technology engagements and contracts. General practice legal experience. Significant IT contracts experience (from IT sourcing/procurement) with the State of Michigan and Zimmer Biomet (Fortune 500). Excellent people, negotiation, and writing skills; keen eye for continuous improvement. Trusted business partner co-leading or supporting cross-functional integrated business/IT projects.

View Michael
Member Since:
March 17, 2022

Michael C.

Managing Member
Free Consultation
Get Free Proposal
Remote
11 Yrs Experience
Licensed in NY, TX
Wake Forest University School of Law

A seasoned senior executive with experience leading the legal and compliance functions of healthcare entities through high-growth periods. I have experience managing voluminous litigation caseloads, while also handling all pre-litigation investigations for employment, healthcare regulatory, and compliance matters. Similarly, I have led multiple M&A teams through purchase and sale processes, including diligence and contract negotiations. Finally, I have extensive contract review experience in all matters, including debt and equity financing, healthcare payor contracting, vendor and employment agreements, as well as service and procurement agreements.

View Rebecca
Member Since:
March 16, 2022

Rebecca R.

Attorney
Free Consultation
Get Free Proposal
St. Petersburg, FL/Nashville, TN
21 Yrs Experience
Licensed in TN
University of Tennessee College of Law

An experienced commercial contracts attorney with sales, leasing, NDA, SEC compliance, corporate governance, commercial real estate, and employment experience. Also well versed in internal and external policy document and manual creation.

View Joann
Member Since:
March 23, 2022

Joann H.

Attorney at Law
Free Consultation
Get Free Proposal
Miami
22 Yrs Experience
Licensed in FL, NY
University of Buffalo School of Law; SUNY at Buffalo School of Law

I practiced law for the past 22 years in Immigration, Bankruptcy, Foreclosure, Civil Litigation, and Estate Planning. I am interested in downsizing to a more workable schedule to allow the pursuit of other interests.

View Gregory
Member Since:
March 23, 2022

Gregory F.

Attorney
Free Consultation
Get Free Proposal
Atlanta, Georgia
24 Yrs Experience
Licensed in GA, NY
University of Pennsylvania

Greg Fidlon has been practicing exclusively in employment law since 1998. He represents and advises clients in all aspects of the employment relationship. In addition to his litigation work, Greg regularly negotiates and drafts corporate policy handbooks, employment contracts, separation agreements and restrictive covenants. He also develops and presents training programs and has spoken and written extensively on labor and employment law topics.

Find the best lawyer for your project

Browse Lawyers Now

Want to speak to someone?

Get in touch below and we will schedule a time to connect!

Request a call