Property Deed: How They Work, Filing
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What is a Property Deed?
A property deed is a legal document that is used in real estate transactions to transfer the title of real property from a seller to a buyer. Real property can be land, or anything attached to land, like a house or a road. A deed is necessary to show ownership of the property.
There are several different types of deeds including warranty deeds, quitclaim deeds, and special purpose deeds. Each of these legal documents serves a different purpose.
Every time property is purchased or sold, a deed needs to accompany the transaction. To be legally valid, the deed must be signed, notarized, and filed on public record. This allows deeds to be found using a title search, and the ownership of the property can be traced back as far as it is recorded.
Understanding Property Deeds
To be legally valid, deeds must include certain information. Each state will have its own requirements for what needs to be included in a deed, but it is common to have the following information:
- Identities of the grantor (seller) and grantee (buyer) and lists their addresses.
- A detailed description of the property which should include property lines, roads, and sewer lines.
- Words of conveyance that officially grants the property to the grantee.
- Proof of consideration like the amount of money paid for the property, or language that shows that the property was gifted to the grantee.
- Signatures of both the grantor and grantee
Other information that is required will depend on the type of property being transferred. A house in a subdivision, for example, will need a description of the plot and information about the subdivision.
It is important to remember that a deed must be made in writing and both the grantor, and the grantee must be legally competent and capable of participating in the real estate transaction.
Here is an article that goes deeper into deeds.
Types of Deeds
There are several different types of deeds that each offer different protections to the purchaser of the property in the real estate transaction. Most used are the general warranty deed, the grant deed, and the quitclaim deed.
General Warranty Deed
A general warranty deed provides the most protection to the buyer because it provides proof that the seller has the full legal title to the property with the right to sell the property. The seller is required to make legally binding promises, or covenants, and warranties to the buyer. These warranties include:
- Covenant of Seisin: Assures that the seller owns the property and can legally sell it.
- Covenant Against Encumbrances: Assures the buyer that the property is free from liens unless specifically stated in the deed.
- Covenant of Quiet Enjoyment: Guarantees that the buyer will have the right to quiet possession of the property and will not be inconvenienced by a defective title.
- Covenant of Further Assurance: Assures that the grantor will provide any documents necessary to make sure the title is legitimate.
Grant Deed
A grant deed, which can also be referred to as a limited warranty deed or a special warranty deed , gives less protection to the buyer than a general warranty deed but more than a quit claim deed. The two main warranties that a grant deed normally provides are that the seller has not sold or transferred the property to any other party, and that there are no title issues that the seller knows of for the period they have held the title to the property.
This deed will not protect the buyer from any claims that may have happened before the seller took over the title and the seller is not required to pay any legal fees arising from title claims.
Due to the lack of protection by this deed, it is normally used for the transfer of commercial property and not for the sale of home.
Quitclaim Deed
A quitclaim deed offers the least amount of protection to the buyer. Some states refer to this deed as a non-warranty deed. A quitclaim deed simply transfers the grantor’s interest in the property to the grantee without any promises or warranties that the title is valid.
If there is an issue with the title, the grantee has no legal protections. For this reason, a quitclaim deed is used specifically when the grantor is not sure if the title is defective and wants to avoid liability.
This deed is also often used when there is no money being exchanged for the property like when a parent transfers property to a child or one spouse transfers property to their partner.
Click here to keep reading about the different types of property deeds.
Does A Property Deed Prove Ownership?
A property deed is key in proving ownership of real property but does not necessarily prove ownership by itself . It shows that the seller transferred their interest in the property to a buyer. This is especially true for a general warranty deed which guarantees the new owner holds the title free and clear.
A quitclaim and grant deed also prove proof of ownership but only if there are no title issues. Without the guarantee of the warranty deed, even if a purchaser of property has a deed, someone else could have claim to the title.
Difference Between Deeds and Titles
The biggest difference between a deed and a title is that a property deed is a physical document showing ownership of a property while the title is just a concept of an owner’s rights to the property.
When you purchase a piece of property of value whether it be a house, a car, a boat, or any other real property that comes with a title, you will receive both a deed proving purchase and the title.
Read this article for further explanation of the difference between deeds and tiles.
Image via Pexels by Curtis
Finding a Property Deed
A deed is an essential part of purchasing a piece of property because the deed shows the history and ownership of the property. There are many reasons someone may need to find a property deed including:
- A person interested in buying a piece of property and wants to search for liens or potential title issues.
- Banks who require a clean deed to lend money to buyers for a mortgage.
- Someone who wants to use property for collateral needs to ensure the deed is good.
- A seller will search their own property deeds to avoid issues in the selling process.
Recording a Deed
When a deed is recorded, it becomes public record and is accessible through the clerk in the county where the property is located. Each state will have different laws and regulations pertaining to recording deeds.
By recording a deed, you are showing that real property was transferred to you. If there is ever a situation in which someone else can show ownership interest in your property, by recording your proof first you can protect your investment.
How to Search for a Deed
Many counties have online databases that make searching for deeds simple. To begin your search, you will need the property address and the name of the current or previous property owner.
A parcel identification number is the best way to search for a deed because this is the number that is assigned to a deed when it is filed.
If you are having trouble finding the property, check alternate spellings for the street name or owner’s name, and make sure you are searching in the correct database.
Get Help with A Property Deed
Do you have questions about a property deed and want to speak to an expert? Post a project today on ContractsCounsel and receive bids from real estate lawyers who specialize in property deeds.
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Deanna M.
I have had the opportunity to experience the legal industry in a private setting and public sector, representing individuals, companies of all sizes, as well as the Government. As a strong leader, I take pride in continuously tackling new challenges and learning as much as possible, always finding answers and delivering results to my clients. I received my JD from Ave Maria School of Law in Naples, Florida and went on to pass the Uniform Bar Exam. I am currently licensed in Minnesota and North Carolina. I have experience in real estate law, estate planning, contract law, family law, criminal law, and more.
"Deanna is very professional, easy to work with, clarifies doubt quickly, fast turnaround and value for money. I am very happy with the service. I would highly recommend her for any services that she offers."
Nichelle W.
Nichelle W.
I help business owners, founders, employers, athletes, creators and families get contracts and legal documents done right the first time, at a flat fee agreed before any work starts. I am licensed in Florida (2021) and Washington, D.C. (2022). I practice as a business and contracts attorney and outside general counsel with Amethyst Law Group, and previously served as Florida Managing Attorney at Lento Law Group. Before that I sat on the business side of the table as General Manager and General Counsel of a professional basketball organization and as Deputy Commissioner of a start-up sports league, so I have negotiated, drafted and enforced the same agreements I now prepare and review for clients: sponsorship and vendor deals, player, coaching and staff contracts, employment and independent contractor agreements, licensing and brand deals. What I handle on ContractsCounsel: - Contract drafting, review and redlining: service agreements, MSAs, NDAs, vendor and supplier agreements, sponsorship, licensing, endorsement and brand deals - Business formation and governance: LLCs and corporations, operating agreements, bylaws, partnership and shareholder agreements, founder and equity arrangements - Employment and hiring: offer letters, employment agreements, independent contractor agreements, non-compete and confidentiality agreements, separation and severance agreements, handbooks and policies - Sports, entertainment and creator agreements: athlete representation, NIL, sponsorship, appearance, management and agency agreements (licensed FIBA agent) - Real estate: purchase and sale agreements, residential and commercial leases, contract review before you sign - Wills, trusts, powers of attorney and estate planning documents - Demand letters, cease and desist letters and pre-dispute contract enforcement - Ongoing outside general counsel support for small and growing businesses How I work: Every project starts with a fixed price and a delivery date you can plan around. You receive a plain-English summary of what the document does, what I changed and why, and any risks you should know about, not just a marked-up file. Two rounds of revisions are included so the final draft is exactly what you need, and I respond to messages the same business day. Credentials: J.D., Nova Southeastern University Shepard Broad College of Law, summa cum laude, top 5% of class, Senior Editor of the Southern Journal of Policy and Justice, Dean's Certificate of Professionalism, 300+ pro bono hours; M.S. Forensic Psychology (4.0 GPA); M.S.Ed. Sports Administration, University of Miami; B.A. English Language and Literature, Southern New Hampshire University. Recognized as an Elite Lawyer recipient. Malpractice insurance carried. Litigation background: first-chair trial attorney with experience in business, employment, real estate, consumer protection and family matters. I draft every contract with a clear view of how it will hold up if it is ever tested.
"I had a great experience working with Nichelle! She was knowledgeable, clear, helpful and flexible throughout the process. She was able to work with my timeline and explain legal issues in an easily understandable way. I would recommend her services."
Alton H.
Alton H.
I am a U.S.-licensed attorney with more than a decade of experience in complex litigation and intellectual property matters. I have practiced at leading Am Law firms including Pillsbury Winthrop Shaw Pittman, Arent Fox, and Sughrue Mion, and I currently operate my own law practice. I have extensive experience handling high-stakes patent litigation, drafting pleadings and briefs, managing large-scale discovery, preparing and defending depositions, and appearing before federal courts and administrative bodies such as the PTAB and ITC. I hold a J.D., cum laude, from The George Washington University Law School and advanced technical degrees in chemistry and chemical engineering, which allow me to efficiently handle technically complex matters. I am admitted in multiple jurisdictions, including New York, Virginia, New Jersey, and the District of Columbia, and I regularly provide high-quality remote legal support to clients nationwide.
"Alton was responsive, thorough, and clear. He reviewed a consulting agreement against my prior employer’s restrictive covenants under two states’ law, delivered a practical risk memo and a redline I could send as is, and caught an issue I hadn’t asked about. Flat fee, on time, no surprises."
Darryl S.
Darryl S.
I offer flat/fixed fees rather than hourly work to help lower your legal costs and align our interests. I specialize in contract law and focus on making sure your contract is clear, protects your interests and meets your needs. You can expect fast, straightforward communication from me, making sure you understand every step. With my experience, you'll get a detailed review of your contract at a fair, fixed price, without any surprises. I have over 30 years of business and legal experience that I bring to your project. I graduated from The University of Texas School of Law with High Honors in 1993 and practiced at Texas' largest law firm. I have founded companies and so understand how to be helpful as both a lawyer and business owner.
"Darryl was a pleasure to work with. He turned around a waiver quickly, explained it clearly, and covered every one of my specific needs. Highly recommend."
Drew B.
Drew is an entrepreneurial business attorney with over twenty years of corporate, compliance and litigation experience. Drew currently has his own firm where he focuses on providing outsourced general counsel and compliance services (including mergers & acquisitions, collections, capital raising, real estate, business litigation, commercial contracts and employment matters). Drew has deep experience counseling clients in healthcare, medical device, pharmaceuticals, information technology, manufacturing, and services.
"Hired for a settlement contract to be written out in legal manner. Ammended contract as well to add clauses that we had not written.Efficient, professional. Said the time-frame would be about 4 business days and he did deliver on that in fact worked through the weekend and mlk day. Offered one final revision as well as a call to finalize language of contract. The final document delivery was more than we expand also he went above and beyond to deliver extra documents we may need. Would highly recommend."
Song L.
In her professional life, Song Lo brings in a depth experience as general counsel to various companies and organizations in business and the real estate arena. Over the last 26 years, she has advised both companies and individuals in the areas of corporate investments, real estate development and contracts across multiple markets.Song has extensive experience in understanding how the law impacts companies wherever they might be in their age and stage. Important to investor and entrepreneur efforts, she has advised in the acquisition and transfer of shareholder stocks and assisted in the restructuring of private companies. Her specific areas of expertise are in corporate organization, mergers and acquisitions, employment, investments and real estate development. Specifically in real estate, Song participated in all aspects of development including pre-development and successfully gaining entitlements necessary for residential, senior housing and commercial projects. She holds experience both as legal counsel and as co-developer of real estate development projects. She was an owner and developer of senior cooperatives in Minnesota, with the LifeStyle Communities Group, promoting innovation and active living for all seniors. And, she brings all of this experience to the table at Raven Enterprise Group and RJP Development to enhance and support its services to consult and develop meaningful real estate development projects.
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Kenneth f.
Kenneth D. Ferguson is a distinguished attorney who earned his Juris Doctorate from St. Mary’s School of Law in May 2022. During his time at St. Mary’s, Kenneth displayed exceptional dedication and skill in the field of law, culminating in a historic achievement when his team secured victory in the first-ever National Mock Trial Championship for the university. This remarkable feat showcased Kenneth’s innate talent for advocacy and his unwavering commitment to excellence, earning him a well-deserved induction into the prestigious Order of the Barristers organization. Kenneth serves as a respected member of the Board of Directors for the Texas Young Lawyers Association, where he contributes his insights and expertise to the development of the legal community. Additionally, he holds the esteemed title of Fellow of the Texas Bar Foundation, a recognition of his outstanding contributions to the legal profession. Kenneth is also a valued member of the Texas Bar College, demonstrating his commitment to continuous learning and professional growth. Kenneth is licensed to practice law in a multitude of jurisdictions, including all Texas Courts, the U.S. District Court Northern District of Texas, the U.S. District Court Eastern District of Texas, and their respective Bankruptcy Divisions.
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Browse Lawyers NowLawyer Reviews for Property Deed Projects
Florida LLC for Rental Property
"Linda is a highly professional attorney who is incredibly flexible in accommodating my requirements. She went above and beyond by researching questions I asked that were outside the original scope. I am very happy with her services and highly recommend her."
Reply From Linda W.
Lin, thank you so much for your positive review!!! I appreciate it. If you need any assistance in the future, you have my contact information. I specialize in real estate, landlord/tenant, wills trusts, corporate, and other areas of the law.
View MoreVoid an existing quit claim deed and change the title to the original owners and make it a Transfer Upon Death.
"It was very satisfying to work with Linda Weitzman Esq.. She was very responsive and available at all times to answer questions and she got the contracts done in a timely manner."
Transfer properties from personal ownership to LLC
"will continue working with Igor. he takes time to explain all the process"
Real Estate
Property Deed
Wyoming
Does a quitclaim deed give you ownership?
I want to learn how these work. Can anyone explain?
Michael S.
Caveat- I'm a Pennsylvania lawyer. That being said, a quitclaim deed gives you the exact same rights as the party conveying title to you. So if there are liens against the property, for instance, those liens would remain after you take title. Preferably, you would have a title search performed and receive a warranty deed, which would protect you against claims against the property.
Real Estate
Property Deed
California
Please my client daughter write me about her properties , how can I reply her back, because her father said I should give her the properties when she's get married
Please my client daughter write me about her properties , how can I reply her back, because her father said I should give her the properties when she's get married
Donya G.
Can you please reenter your question as I don't understand it. Thanks
Real Estate
Property Deed
Tennessee
Can a grantor of a filed quit claim deed sell a home without the grantees signature, or consent?
Parent signed quit claim deed over to son and it has been filed. Parent is now threatening to sell property and not give any proceeds to son who is grantee on quit claim deed. Is this even possible, legally?
Forest H.
The quick answer is likely no. If someone has executed and filed a quitclaim deed, they have no interest left to sell. Any buyer is going to review title to the property and not accept deed from the parent.
Real Estate
Property Deed
South Dakota
We want to transfer land to our children but we want to still get the income and pay taxes until we die what kind of deed is this
We have three children the attorney made it a warranty deed to transfer our land to them but we still want to have the rent and pay the taxes what kind of deed should this be
T. Phillip B.
Depending on the land and business, I'd consider making an LLC for asset protection reasons. Then you could have a trust as the member. If you need to get the property out of your estate, this will dictate what to do with the trust.
Real Estate
Property Deed
Georgia
What happens when a mortgaged house was built on the wrong land?
We have 4 total lots, two in my fathers name and the other two in my grandfather’s name. The builder built my fathers house on my grandfather’s land. I wasn’t aware of this years ago until My father passed away. Who or How do we fix this problem?
Meghan T.
Hello. There are multiple solutions to this problem. The simplest solution would be for your grandfather (or whoever the current owner is) to deed the property over to your father's heirs. They could also switch parcels of land. Depending on how long ago the home was built, the owner of the house could potentially have a right to the property via an adverse possession. Feel free to contact me to discuss this matter in more detail. - Meghan Thomas, Esq.
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File Property Deed
Location: Kentucky
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Doc Type: Property Deed
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Bid Range: $350 - $450
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