ContractsCounsel Logo
Home Blog What Is a Deed

Jump to Section

ContractsCounsel has assisted 330 clients with property deeds and maintains a network of 113 real estate lawyers available daily. These lawyers collectively have 11 reviews to help you choose the best lawyer for your needs.

A deed is a legal document that acts as proof of ownership of real estate according to the prevailing rules and regulations of a certain place or location. It is an inscribed writing that transfers or confirms possession of a property from one party to another. A deed contains crucial facts about the property, such as its legal description, boundaries, and any encumbrances or restrictions on its use or transfer.

This blog will provide an in-depth analysis of deeds, their various types, make-ups, and their relation with real estate ownership. If you are a first-time home buyer or an experienced real estate investor, this blog post will help you comprehend the importance of deeds in the field of property ownership.

Steps to Formulate a Deed

A straightforward process of creating and transferring ownership is transferring it with a deed; however, this might vary depending on the state in which the property is located. These are general steps to follow in creating and transferring ownership through deeds:

  1. Draft the Deed. Firstly, the deed is created. A lawyer may do this for real estate, a title firm, or using an online available form for deeds. It is important to ensure that the right kind of deed is used and all required elements are included.
  2. Execute the Deed. For a deed to be enforceable, it must be signed by those involved in the transaction. On this note, it is advisable to follow specific guidelines given by the particular state where the property is situated.
  3. Record the Deed. Upon execution, it should be recorded with the county recorder office where such property is situated, thus creating a public record of the transfer of ownership and thereby putting potential third-party claimants on notice.
  4. Transfer Ownership. Once this deed has been recorded, property ownership changes hands to the buyer, and from then onwards, they can possess it and also is bound by any obligations arising from their ownership, like tax obligations as well as mortgage payments.

Types of Deeds

Real estate transactions involve several types of deeds, and each is used for a different purpose. These are:

  • General Warranty Deed: In real estate transactions, a general warranty deed is the most commonly used type of document. It provides maximum protection to a buyer as a seller guarantees that they are the legal owner of the property without any outstanding claims against it or any other form of encumbrance. The seller also undertakes to defend the buyer’s title from third-party claims.
  • Special Warranty Deed: This type of deed is similar to a General warranty deed, but it only covers the period when the seller owned the property. Therefore, this means that the seller will not be liable for any defect or title problem that emerged during his/her ownership of the property.
  • Quitclaim Deed: A quit claim deed does not provide assurances or warranties about anything whatsoever regarding property ownership changed hands. According to this, sellers are not liable for any defects or title issues arising after transferring ownership rights. Quitclaim deeds are common in divorce cases and among family members who want to transfer real estate through inheritance.
  • Bargain and Sale Deed: It is a deed that conveys an interest in real property without providing warranties or guarantees but implies the seller’s ability to sell and lack of encumbering it in any way.
Meet some lawyers on our platform

Daniel R.

151 projects on CC
CC verified
View Profile

Jeremiah C.

108 projects on CC
CC verified
View Profile

Brian S.

16 projects on CC
CC verified
View Profile

Umar F.

3 projects on CC
CC verified
View Profile

Important Parts of a Deed

A deed is a legal document that has several important parts. Although the details in a deed may differ depending on the kind of deed being used, some parts are common:

  • Parties Involved: The transaction parties, including the buyer and seller, are recognized in a deed. It will also mention the legal description of the property being transferred.
  • Consideration: This is the amount of money or other value given for the property. This is usually indicated in the deed, though some states demand that it be separately recorded.
  • Restrictions Regarding the Property: The restrictions imposed on the property by any encumbrances are stated in the deed to limit its transfer or use.
  • Signatures: The concerned individuals must sign this document for it to be valid. Sometimes, even third-party witnesses notarize such deeds.

Restrictions of a Deed

Deed restrictions and encumbrances can have an impact on the use and transfer of property. These limitations are usually written in the deed and they may prevent the purchaser from utilizing the property in a specific manner or developing it. Some common types of deed restrictions and encumbrances include:

  • Easements: An easement is a right that allows certain people to utilize part of your land for particular uses, for instance, a utility company’s right to install or maintain its utility lines on a part of your land.
  • Covenants: Covenants are agreements that limit the use of property between a buyer and seller. For instance, residential purposes may be strictly required by covenant or certain forms of enterprise forbidden on site.
  • Liens: A lien is an entitlement to property as security for debt. Should the debt remain unpaid, foreclosure might be permitted by the person holding the lien.
  • Mortgages: This is a form of lien used to secure loans made available for the purchase of the property. If loan borrowers’ default occurs, such a lender has a right to foreclose its mortgage.

Common Errors to Avoid When Creating a Deed

Deeds can be complicated legal documents, and errors in their creation or execution can come with complications. Common problems with deeds include:

  • No Legal Description: A deed must have a legal description of the property being transferred. If the wrong or incomplete legal description is used, it can create difficulties in transferring ownership.
  • False Deeds: Fraudulent conveyances may be made by people who have no right to sell or transfer the property. Buyers are supposed to always question whether the seller is who they claim to be and confirm that they have the right to dispose of the land.
  • Unregistered Deeds: If a deed has not been recorded in the county recorder’s office, it may not be valid. This could affect property transfer and also limit the buyer's chances of disposing of their property.

These issues must be considered when creating and transferring ownership through a deed by having a real estate lawyer or title company who is competent enough.

Key Terms for Deeds

  • Grantor: The person or entity that gives the property ownership to a new owner through a deed.
  • Grantee: The individual or organization that is given rights to own the property through a deed.
  • Consideration: This is the price or value exchanged between the grantor and the grantee for the transfer of ownership.
  • Legal Description: A complete description of the property being transferred includes its boundaries, dimensions, and other features used to identify it.
  • Recording: This process involves submitting the deed to the county recorder’s office, which keeps it on public records, thereby creating evidence of property transfer for good.

Final Thoughts on Deeds

A deed is an important legal document that confirms real estate ownership. Anyone involved in buying or selling property needs to know about different types of deeds and how they relate to real estate ownership. When done correctly with assistance from professional experts engaged in these transactions, buyers, and sellers can conduct their business efficiently while minimizing potential legal problems.

If you want free pricing proposals from vetted lawyers that are 60% less than typical law firms, Click here to get started. By comparing multiple proposals for free, you can save the time and stress of finding a quality lawyer for your business needs.

ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.

Need to file a property deed?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 11,513 reviews

Meet some of our Lawyers

Seth S. on ContractsCounsel
View Seth
5.0 (2)
Member Since:
October 1, 2020

Seth S.

Free Consultation
New York
10 Yrs Experience
Licensed in NY
Touro Law School

I am an attorney admitted in NY, with over 6 years of experience drafting, reviewing and negotiating a wide array of contracts and agreements. I have experience in Sports and Entertainment, Real Estate, Healthcare, Estate Planning and with Startup Companies. I am confident I can assist you with all of your legal needs.

Tim E. on ContractsCounsel
View Tim
4.9 (50)
Member Since:
August 12, 2020

Tim E.

Founding Member/Attorney
Free Consultation
Cleveland, OH
10 Yrs Experience
Licensed in OH
Cleveland State University College of Law

Tim advises small businesses, entrepreneurs, and start-ups on a wide range of legal matters. He has experience with company formation and restructuring, capital and equity planning, tax planning and tax controversy, contract drafting, and employment law issues. His clients range from side gig sole proprietors to companies recognized by Inc. magazine.

Michael B. on ContractsCounsel
View Michael
4.8 (14)
Member Since:
October 30, 2020

Michael B.

Free Consultation
14 Yrs Experience
Licensed in IL, MN, WI
University of the Pacific

Michael has extensive experience advising companies from start-ups to established publicly-traded companies . He has represented businesses in a wide array of fields IT consulting, software solutions, web design/ development, financial services, SaaS, data storage, and others. Areas of expertise include contract drafting and negotiation, terms of use, business structuring and funding, company and employee policies, general transactional issues as well as licensing and regulatory compliance. His prior experience before entering private practice includes negotiating sales contracts for a Fortune 500 healthcare company, as well as regulatory compliance contracts for a publicly traded dental manufacturer. Mr. Brennan firmly believes that every business deserves a lawyer that is both responsive and dependable, and he strives to provide that type of service to every client.

Ellen B. on ContractsCounsel
View Ellen
4.7 (1)
Member Since:
May 17, 2023

Ellen B.

Free Consultation
South Carolina
22 Yrs Experience
Licensed in SC
Walter F. George School of Law - Mercer University

Generated 20+ types of legal documents: contractual agreements, settlement agreements, demand letters, court orders, motions, mediation reports, briefs, complaints. Maintained active caseloads of 30+ clients at a time in high conflict, high emotional costs litigation. Prepared for daily client meetings, weekly trials, multiple daily hearings by creating legal documentation, timelines, case notes, conducting research.

Fabian G. on ContractsCounsel
View Fabian
4.5 (2)
Member Since:
May 9, 2023

Fabian G.

Managing Attorney at Apex Legal Solutions PLLC
Free Consultation
Miami, Florida
3 Yrs Experience
Licensed in FL
University of Miami School of Law

Fabian graduated with honors from the University of Miami School of law, where he served as the articles and comments editor for the law school's Race and Social Justice Law Review. He received the John F. Evans Memorial Scholarship Award for excellence in the university's Litigation Skills Program and the HOPE Pro Bono award for completing more than one hundred (100) pro bono hours. Additionally, he received the CALI Excellence for the future award in Sports Law. He focuses his practice on corporate, real estate and immigration matters. Fabian has experience representing luxury hotel owners and operators in connection with the drafting of hotel management agreements, restaurant license agreements, and complex restaurant leases for domestic and international projects including: Nobu Tulum, Nobu Punta Cana, Nobu Orlando, Nobu Chicago and the Nickelodeon Hotel in Riviera Maya, Mexico, among others. He has represented clients in the commercial real estate industry in connection with the drafting of purchase and sale agreements, promissory notes, and mortgages. Lastly, Fabian routinely counsels corporate clients in connection with the drafting of articles of organization, operating agreements, and other documents related to acquisitions, restructurings and investments.

Erik W. on ContractsCounsel
View Erik
Member Since:
May 22, 2023

Erik W.

Free Consultation
Orlando, Florida
14 Yrs Experience
Licensed in FL
Florida A&M University College of Law

Erik J. Washington completed his undergraduate studies at Florida A&M University, where he earned his Bachelor of Science degree in Business Administration with a concentration in Finance. Mr. Washington went on to earn his Juris Doctor from Florida A&M University College of Law. Upon receiving his J.D., Mr. Washington was admitted to The Florida Bar and the United States District Court, Middle District of Florida. Mr. Washington started his legal career by working with a boutique Orlando law firm where his practice concentrated on family law, bankruptcy, helping clients with estate planning and probate matters, and advising homeowner’s association boards on proper administration. After that experience Mr. Washington later joined another mid-size Orlando law firm where he would eventually become the Managing Consumer Bankruptcy Attorney where he oversaw the filing and administration of hundreds of chapter 7 and chapter 13 cases. Prior to starting the Washington Law Firm, Mr. Washington was an associate at a Central Florida Bankruptcy law firm working under the tutu ledge of a highly respected bankruptcy attorney with over 20 years of bankruptcy experience. Mr. Washington has learned that bankruptcy is a tool designed that not only benefits a person in debt but is also good for the economy as a whole. It is because this new beginning and fresh start that it becomes a means of not only helping a person in debt, but it gives that person once in debt the chance to reestablish good credit and yet again borrow money to spend. Mr. Washington focuses on consumer bankruptcy, real estate, probate, and auto accidents.

Christopher M. on ContractsCounsel
View Christopher
Member Since:
May 22, 2023

Christopher M.

Owner of The McKenna Law Group, LLC
Free Consultation
Frederick, Maryland
21 Yrs Experience
Licensed in MD, VA
University of Richmond, TC Williams School of Law

Skilled and experienced business attorney with vast experience in a wide array of commercial contracts. Strong emphasis on the lodging and hospitality practice field, including real estate acquisition and disposition, management agreements, franchise agreements, design & construction contracting and finance.

Find the best lawyer for your project

Browse Lawyers Now

Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.

View Trustpilot Review

Need to file a property deed?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 11,513 reviews
See All Real Estate Lawyers

Contracts Counsel was incredibly helpful and easy to use. I submitted a project for a lawyer's help within a day I had received over 6 proposals from qualified lawyers. I submitted a bid that works best for my business and we went forward with the project.

View Trustpilot Review

I never knew how difficult it was to obtain representation or a lawyer, and ContractsCounsel was EXACTLY the type of service I was hoping for when I was in a pinch. Working with their service was efficient, effective and made me feel in control. Thank you so much and should I ever need attorney services down the road, I'll certainly be a repeat customer.

View Trustpilot Review

I got 5 bids within 24h of posting my project. I choose the person who provided the most detailed and relevant intro letter, highlighting their experience relevant to my project. I am very satisfied with the outcome and quality of the two agreements that were produced, they actually far exceed my expectations.

View Trustpilot Review

Need to file a property deed?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 11,513 reviews

Want to speak to someone?

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

Request a call

Find lawyers and attorneys by city