ContractsCounsel Logo

Land Deed

Jump to Section

A land deed, property deed, or real estate deed is a legal instrument that imparts the ownership of a piece of land to one person or party from another party. It is not only evidence of ownership but also gives details of the rights and obligations that come with owning land. As an example, a normal land deed consists of the names of the buyer (grantee) and seller (grantor), details about the property being transferred, the price of the transaction (if any), and any restrictions or limitations (if any) to the use of the property. The signing of deeds, along with the notarization, is an essential accomplishment in the process.

Types of Land Deeds

There are several kinds of land deeds, typically involved in real estate deals. undefined

  • Warranty Deed : This is, by all means, the highest level of security that may be needed by the buyer( grantee). The foremost purpose of this document is to secure the fact that the seller has a clear title to the property and sufficient legal rights to sell it. It also guarantees that there will not be hidden lis or the encumbrance of the property. In case of any related title issue in the future, the seller is legally accountable for its solution.
  • Quitclaim Deed: The quitclaim deed is a type of deed that conveys whatever interest the grantor could have in the property to the grantee without any guarantee or warranty about the quality of the title. The use of this sort of deed is very popular when the object of ownership is being transferred among family members for estates of divorcing spouses or for solving the problems of property title.
  • Special Warranty Deed : Just as in a warranty deed, a special warranty deed is subject to the provision that the seller (grantor) has uninterruptedly clear title over the property during the period they owned it. Nevertheless, it protects ownership rights titles that have arisen over the time the seller was holding the property rather than before. Such master deeds are extensively utilized in commercial real estate transactions.
  • Grant Deed : A grant deed resembles a warranty deed in a way that the latter does not include as many warranties as the former. It assures the buyer that the seller (grantor) has not previously parted with the said property without the consent of everyone concerned and that the property has no undisclosed encumbrances. The search may, however, be limited to matters during the seller’s ownership and is not a guarantee against title defects that may have occurred previously.
  • Trust Deed (or Deed of Trust) : Such a kind of conveyance could be a title record for getting a loan mortgage. It involves three parties: the first party involved is the borrower (trustor), the second one is the lender (beneficiary), and the third neutral element is known as the trustee. A trust deed is recognized as a guarantee for the loan that the property acts as its security. If the debtor becomes delinquent on the mortgage, the trustee may be required to initiate proceedings for the lender to regain the property.

Note: From here, you can download various templates for the land deed.

Essential Elements of a Land Deed

The essentials of a land deed are vital components that ensure the validity and enforceability of the property transfer. These essentials include:

  • Written Form: Documents need to be written to provide clarity in property transfers. Although standardized templates are daily practices, an element of flexibility applies as long as the essential parts are covered. Written format is a guarantee of legality, consistency, and permanence of the transaction in question.
  • Legal Capacity: The legally recognized capacity of the grantor and grantee must be given for the transfer. This, for instance, may include competency to understand and enter legal agreements. Proceeding in this manner, parties can comprehend and give their consent to the transaction.
  • Identification: The deed should state the grantee, grantor, and property for any transfer of property. This eliminates obscurity, and individuals, their property, and the estate are clearly determined. Given those challenges, accurate identification should help avoid disputes or confusion.
  • Conveyance Language: Ownership transfer also has specific words of conveyance that must be used. These words, normally made standard, leave no irony as to who is receiving the title. Conveying language is a term used in law to indicate the intention of a seller to transfer a legal interest to property.
  • Signatures: Deeds also request the grantor's signature(s) to mean the agreement of the owner. The signatures are in themselves the most concrete proof of the desire to transfer property. An official signature certifies the grantor's authorization of the transaction.
  • Delivery: Legal delivery of formalization of property transfer. It shows the intention of the grantor and allows for legal requirements to be followed step by step. The right of ownership loss is confirmed by proper delivery.
  • Acceptance: Acceptance of the grantee concludes the transfer of property. Responding with a deed affirmation signifies taking responsibility for the property. Acceptance by the grantee validates and thereby finishes the whole transfer process.
  • Consideration: Reciprocity may be taken into account, monetarily or otherwise, as a means of acknowledging a form of equality. It enhances the impression of mutual consent and transaction authenticity. That is what the word consideration means – when the value is being exchanged between the parties.
  • Notarization: The seal provides the document with an extra level of proof. Notary sanctions are an official imprint of the document.
  • Recording: Public notice and priority of ownership records are assured by making records. It is the legal evidence of the transaction and instills confidence among its users. The recording also assures that the deed is manifested and accepted by the relevant governing bodies.
Meet some lawyers on our platform

Rhea d.

26 projects on CC
CC verified
View Profile

Pura R.

55 projects on CC
CC verified
View Profile

Nicholas M.

55 projects on CC
CC verified
View Profile

Darryl S.

45 projects on CC
CC verified
View Profile

Costs Involved in a Land Deed

Here's a breakdown of the different expenses involved:

  • Filing Fees: These charges are paid for by the county or state government through the provision of recording services. In NY, among household and rural properties, different buildings are due from $50 to $250.
  • Deed Preparation: The cost of preparing the deed which refers to the legal wording which a licensed lawyer is supposed to understand. Texas attorney draws up a deed at approximately $195.
  • County Recording Charges: Each county charges a small amount of money in order to accept the deed and register it in the public records. The amount of the fee is modified, according to the county of residence. It can go from $15 to $40.
  • Form Costs: In some states, deed transfer documents are limited, and they might cost much. For instance, New York City requires the kind of Form RP-5217NYC to be used. Prices can differ greatly but are usually not high, ranging from $5 to $50.
  • Legal Assistance: This will depend on the level of complexity; if assistance from a solicitor is involved, an extra fee will be incurred.
  • Notary Fees: Notarization charges for the signatures on the property deed documents are less.
  • Title Search Fees: They can do title searches for title companies or search agencies whose fees are typically between $100 and $500.
  • Title Insurance Premiums: The title insurance policy is an option that covers against title defects cost, which would be determined by the property value and the volume of coverage required by the client.

Key Terms for Land Deeds

  • Grantor: The party transferring ownership of the property.
  • Grantee: The concerned party that has been granted the specified property.
  • Consideration: The transaction, typically financially facing a buyer or a seller.
  • Legal Description: A description of the areas with the awaiting property, which includes metes and bounds or Lot numbers.
  • Deed Restrictions: The restrictions that may be placed on the land and shown in the deeds.
  • Easement: An interest or a right to use or share another man's property for a given purpose, usually described in the deed.

Final Thoughts on Land Deeds

A deed of land is a legal document certifying the transfer of property ownership from one person/entity to another by a duly signed and recorded deed, which guarantees clarity, transparency, and legal protection in real estate transactions; thus, it makes the property right transferring and the parties involved safe. Land deeds perform a key role in confirming and keeping the ownership properties in place, which protects all the participants in land dealings from all trends.

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.

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 Land Deed Lawyers

Kenneth W. on ContractsCounsel
View Kenneth
Member Since:
December 6, 2023

Kenneth W.

Free Consultation
Mount Laurel Township
5 Yrs Experience
Licensed in NJ
Elisabeth Haub School of Law at Pace University

Committed to a career in advocacy as an attorney, educator, and consultant, I specialize in education, family, personal injury, and criminal law. While at John Rue & Associates LLC, I led litigation and alternative dispute resolution, handling complex class-action lawsuits involving discrimination, privacy, administrative, and education law. I also directed conflict resolution through mediation, reducing costs and securing favorable client outcomes. While in law school, I served as a law clerk at Wilson Elser, excelling in crafting answers, overseeing discovery, attending depositions, and conducting exhaustive legal research. My responsibilities extended to preparing deposition summaries, assisting in motion practice, drafting persuasive briefs, evaluating cases, and contributing to trial preparations. I thrived in managing client affairs, supporting colleagues, and ensuring compliance with relevant laws. I am eager to explore opportunities to contribute my skills and passion to impactful projects aligned with client needs. I look forward to discussing opportunities and demonstrating how my qualifications will meet client needs.

Adam T. on ContractsCounsel
View Adam
Member Since:
December 7, 2023

Adam T.

Business Lawyer
Free Consultation
Seattle, Washington
12 Yrs Experience
Licensed in DC, NC, NY, WA
Duke Law

Legal professional with 10+ years of Fortune 500 in-house and AmLaw 50 law firm experience in crafting multi-pronged litigation, regulatory, and public policy strategies and negotiating pioneering, high-stakes global cloud services and digital content distribution deals.

Ido A. on ContractsCounsel
View Ido
Member Since:
December 11, 2023

Ido A.

Owner, Law Firm
Free Consultation
Fort Lauderdale, FL
16 Yrs Experience
Licensed in FL
J.D., University of Miami

Ido Alexander is dedicated to helping his clients identify risks and understand how to navigate the unknowns. He has a keen ability to sort through the noise to develop strategies for growth and advance clients' interests. An experienced counsel, he focuses on finding solutions for businesses, estate planning needs, helping resolve complex and strategic disputes, and at times restructuring through bankruptcy or out of court, while keeping his clients' financial health as the top priority.

Moshe G. on ContractsCounsel
View Moshe
Member Since:
December 11, 2023

Moshe G.

Director corporate and M&A
Free Consultation
12 Yrs Experience
Licensed in NY
Ono Academic College (Israel)

Motivated and self-starting Corporate and Commercial Counsel with over 12 years of experience in providing strategic legal solutions. Exceptional analytical and negotiation skills, focusing on Cyber Security, Finance, and Software. Proven track record of success in handling complex M&A matters. Expertly led negotiations and full five M&A transactions from start to finish (over $100M), resulting in successful integration including raising capital on Reg. A and Reg. D exemptions. Drafted, reviewed and negotiated commercial agreements including, Restructure Agreements Partnership Agreements, Asset Purchase Agreements, Stock Purchase Agreements, Restructure Agreements, Loan conversion Agreements, Debt Conversion Agreements. Provided business and capital strategy, such as restructuring of companies, due diligence, and SEC filings. Proven expertise in M&A and equity debt finance, with a track record of handling diverse clients. Provided strategic guidance on corporate governance, compliance, fiduciary duties, and ethical issues

Alexis L. on ContractsCounsel
View Alexis
Member Since:
December 12, 2023

Alexis L.

Attorney at Law
Free Consultation
Sault Ste. Marie, Michigan
22 Yrs Experience
Licensed in MA, MI
Suffolk University Law School

I am an attorney in Michigan. I attended Boston College for my undergraduate degree and Suffolk University Law School for my law degree. I have been practicing law for over 20 years.

Brian S. on ContractsCounsel
View Brian
Member Since:
December 15, 2023

Brian S.

Corporate Attorney
Free Consultation
Arizona, United States
23 Yrs Experience
Licensed in AZ, CA, DC, TX
South Texas College of Law Houston

I am a corporate lawyer with over 15 years of experience in litigation and in advising companies on a variety of legal issues, including mergers and acquisitions, securities regulations, and contract negotiations. I have a deep understanding of the technology industry and have represented numerous tech companies in my career.

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

How It Works

Post Your Project

Get Free Bids to Compare

Hire Your Lawyer

Land Deed lawyers by city
See All Land Deed 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

How It Works

Post Your Project

Get Free Bids to Compare

Hire Your Lawyer

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