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Deed Forms

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FAQ

What is a deed? A written document for the transfer of land or other real property from one person to another.

What is real property? Real property generally means land and all the things that are attached to it. Real property is of a permanent and immovable nature.

Who is the grantee? The grantee is the person who is receiving the property being transferred.

Who is the grantor? The grantor is the person who is transfering his or her interest in the property in question.

Is recordation necessary? Generally, in order to be enforceable both between the parties and toward third parties, deeds must be recorded.

What is a warranty deed? - A deed that provides that the person granting the deed agrees to defend the title from claims of others. In general, the seller is representing that they fully own the property and will stand behind this promise. The warranty deed is the most common type of deed used to transfer property from one individual or business to another. Warranty deeds usually require that a title search be conducted by a trained professional to ensure that the property is free and clear of liens or encumbrances. Any lien or encumbrance discovered would effectively "cloud" the title of the property and make warranting the property risky or impossible.

What is a quitclaim deed? - A deed that transfers the owner's interest to a buyer, but does not guarantee that there are no other claims against the property. Quitclaim deeds are also used when an heir or former spouse gives up all interests in a piece of real estate.

What is a deed of trust? - A legal document conveying property to a trustee, often used to secure an obligation such as a mortgage or promissory note. A deed of trust typically specifies, among other things, the collateral for a loan, and gives a lender the right to seize and sell the collateral if the borrower fails to repay.

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