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A warranty deed or quit claim deed TRANSFERS TITLE or OWNERSHIP of real property. When you purchase property, you usually receive a warranty deed from the seller to you to show that you now own the property.
Quitclaim deeds do not contain any implied warranties or covenants. Under a quitclaim deed, the grantor simply transfers its whole interest in the described real estate, but makes no covenant or representation that the grantor in fact has any interest in the subject property.
In real estate, a grantee is the recipient of the property, and the grantor is a person that transfers ownership rights of a property to another person.
Both a warranty deed and deed of trust are used to transfer the title of a property from one person to another. However, the difference between these two contracts is who is protected. As you now know, a deed of trust protects the beneficiary (lender). A warranty deed, on the other hand, protects the property owner.
Special warranty deeds go by many names in different states, including covenant deed, grant deed, and limited warranty deed. The guarantee covers only the period when the seller held title to the property with a special warranty deed.
A deed may be divided into three component parts: the premises; the habendum; and, the testimonium. The premises include the date, parties, consideration, granting clause, description, recital, and appurtenances.
There must be a granting clause, operative words of conveyance (e.g., ?I hereby grant?); 6. The deed must be signed by the party or parties making the conveyance or grant; and 7. It must be delivered and accepted.
Essential Elements for Deeds: Properly executed deeds must: (1) be in writing; (2) name the grantor and a grantee; (3) be signed by the grantor or the grantor's agent; (4) be delivered to the grantee; and (5) be accepted by the grantee. Cordano v. Wright (1911) 159 Cal.