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.
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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.
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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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Dan P.
Dan C. Pelletier is a New Jersey real estate attorney with 29 years of legal experience and the founder of Ocean Avenue Land & Legacy, an Asbury Park based real estate and estate planning practice. Dan’s practice focuses on commercial leasing, real estate transactions, property transfers and estate planning. He has substantial experience reviewing, drafting and negotiating commercial leases and other real estate agreements, with commercial leasing experience extending back through his work with Riley Riper Hollin & Colagreco and subsequent real estate and investment work. Throughout his career, Dan has worked on real estate from several perspectives—as outside counsel, transactional attorney and asset manager. That background allows him to approach a lease or transaction not simply as a document to be marked up, but as a business arrangement requiring a practical assessment of risk, economics and the parties’ respective obligations. For commercial lease clients, Dan focuses on identifying the provisions that materially matter: rent and additional rent obligations, operating expenses and CAM charges, repair and maintenance responsibilities, insurance and indemnification, permitted use, assignment and subletting, options, guarantees, default remedies, casualty, condemnation and termination rights. His broader real estate practice includes purchase and sale agreements, deeds and property transfers, ownership and entity issues, and related contract matters. Dan also assists New Jersey clients with straightforward estate and legacy planning, including wills, powers of attorney, healthcare directives, revocable trusts and planning involving real property. Dan founded Ocean Avenue Land & Legacy to provide experienced legal counsel in a practical, accessible manner. His approach is direct: understand the client’s objective, identify the meaningful risks, explain them clearly and develop a workable path forward.
"Very knowledgeable and helpful. We would work with him again ."
David D.
Experienced in-house attorney with focus on acquisitions, divestitures, general corporate matters and litigation support.
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Experienced attorney and tax analyst with a history of working in the government and private industry. Skilled in Public Speaking, Contract Law, Corporate Governance, and Contract Negotiation. Strong professional graduate from Penn State Law.
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Elizabeth J.
Libby Jamison founded E. Grace Law Firm after nearly two decades practicing law across federal agencies, private firms, and nonprofit organizations. She has advised at the highest levels of government and built a career defined by tackling complex, high-stakes legal and policy challenges. Her practice focuses on business, employment, veteran, and family law matters, drawing on her wide scope of experience including nearly seven years as counsel at the Department of Veterans Affairs. Her legal experience spans federal agency counsel, firm ownership, and nonprofit work. She is licensed to practice in California and Washington and was admitted to the U.S. Supreme Court. Beyond legal practice, she has led as a nonprofit president, chaired a U.S. Chamber of Commerce economic empowerment zone, and served on an American Bar Association Standing Committee on Legal Assistance for Military Personnel. Her work has been recognized by: Mighty 25 Awardee (2023) Changemaker of the Year, Military.com (2019) Bush Institute Stand-To Veteran Leadership Scholar (2019)
"I have really enjoyed working with Elizabeth. I truly appreciate her professionalism, efficiency, and attention to detail. Her work is very thorough, and she has been a pleasure to work with. I had been looking for a good attorney for quite some time after my previous attorney retired, so I am very happy that I was able to connect with Elizabeth through this platform. It has been a very positive experience, and I greatly value her knowledge, responsiveness, and the quality of her work."
Michael B.
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.
"Very thorough with reviewing our contract and making the appropriate suggestions. Quick response time and very professional."
Kelynn P.
Kelynn was born and raised in Cleveland, Ohio. She attended Spelman College in Atlanta, Georgia where she earned a Bachelor of Arts in Philosophy, and thereafter returned to Cleveland for law school . She earned her Juris Doctor at Cleveland State University - Cleveland Marshall College of Law. She primarily practices insurance defense and civil litigation. She has also practiced in a variety of other areas including family law, contract disputes, contract review, complex civil litigation, medical malpractice, products liability, and mass tort.
"Kelynn P. was excellent. I set up a project to assist my sis in law on a project. Her feedback was as follows: "Kelynn was great. I was on a tight time crunch and in search for an attorney. She quickly got up to speed on the status of the project. She used her expertise to add value and she was patient, listened, and was knowledgeable. She is knowledgeable of the law, negotiations, contracts, terms and conditions, and provides real life examples that provide valuable insight which empower you to strategically make the best decision. In short, Kelynn was instrumental in the resolution of my project. Overall the quality of work was exceptional and she even followed up with me to see how things are going after her scope of the project was completed. She cares about her projects and clients. I recommend Kelynn and if I need anything in the future, I know who to contact and who to recommend. Thank you""
August 29, 2023
Steven G.
I am an experienced transactional and trial attorney that litigates throughout Ohio. I have successfully tried numerous jury trials for clients from business disputes to those charged with offenses ranging from domestic violence to aggravated murder. My cases have been featured in the media, both television and print.
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Browse Lawyers NowLawyer Reviews for Property Deed Projects
Easy quit claim deed
"Allen is a thoughtful and experienced attorney and I have worked with a few. Differently in my top 10!"
ContractsCounsel User
Property Deed
"I cannot recommend Jon highly enough. He was always available to answer questions, provide updates, and reassure me throughout the entire process. His commitment to achieving the best possible result for his clients is evident in every interaction. If you’re looking for a lawyer who combines legal insight with a compassionate, client-focused approach, Jon is your best choice. I am incredibly grateful for his support and expertise. Thank you, Jon, for your exceptional service!"
Reply From Jon F.
Thank you very much! I try to be effective and apply my knowledge to people's situations, and I am glad you had a good experience!
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File Property Deed
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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
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
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.
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
Florida
Quitclaim deed
My wife, my father and myself are co-owners of a property (condo) in Lauderdale Lakes Florida. We would like to make a quitclaim deed to transfer full ownership to my wife and myself.
T. Phillip B.
That should work assuming your father isn't responsible on any note associated with the property. If there is a mortgage and note, you'll want to talk with the lender first.
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Real Estate change of title. Need a Quitclaim Deed drafted and recorded for 3 properties in California.
Location: California
Turnaround: Over a week
Service: Drafting
Doc Type: Property Deed
Number of Bids: 3
Bid Range: $1,600 - $2,500
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