Florida Deed (As to Specified Subsurface Depths)
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How to fill out Deed (As To Specified Subsurface Depths)?
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FAQ
The general warranty deed conveys the most title assurance and is the most commonly used deed in the sale of property in Florida. A general warranty deed warrants that title is free from any claims that arose during the grantor's possession or the possession of anyone who owned the land prior to the current grantor.
WHEN SUBSURFACE RIGHTS ARE SEVERED FROM THE PROPERTY, THE OWNER OF THOSE RIGHTS MAY HAVE THE PERPETUAL RIGHT TO DRILL, MINE, EXPLORE, OR REMOVE ANY OF THE SUBSURFACE RESOURCES ON OR FROM THE PROPERTY EITHER DIRECTLY FROM THE SURFACE OF THE PROPERTY OR FROM A NEARBY LOCATION. SUBSURFACE RIGHTS MAY HAVE A MONETARY VALUE.
A seller can allow a buyer's attorney to prepare the deed or the seller can retain a Daytona real estate attorney to represent the seller during the real estate closing process. All deeds executed in Florida must be signed in the presence of a notary public and two witnesses.
Each county in Florida has a public records website where you can conduct a search. You can use the search filters to narrow the results to deeds, and further filter by grantor/grantee, date of issuance, and other criteria (note that the dates must be exact, not approximate, in order to return accurate results).
The different types of deeds exist to account for what the grantor can convey, what the grantor wants to convey, and what warranties the grantor wants to be encompassed within. The types of deeds we see most often are the general warranty deed, the special warranty deed, the quitclaim deed, and the ladybird deed.
There are five (5) main types of Deeds in Florida that will be addressed in this article: (1) Warranty Deed; (2) Special Warranty Deed; (3) Quitclaim Deed; (4) Life Estate Deed; and the (5) Enhanced Life Estate Deed (Lady Bird Deed).
There are three steps to transferring property using a quitclaim deed in Florida: Enter the required information on the deed form. Sign the deed with two witnesses and a notary. Record the deed with the county.
General warranty deed: A general warranty deed is the most common type of deed used to transfer fee simple ownership of a property. Unlike a quitclaim deed, a general warranty deed does confirm a grantor's ownership and a legal right to sell.
