Montana Grant Deed

State:
Multi-State
Control #:
US-03215BG
Format:
Word; 
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Description

A deed is an instrument by which an owner (the grantor) transfers an interest in land to a new owner (the grantee). No consideration is required to make the deed effective. The deed is necessary to transfer title to land even if it is a gift. It has no effect, and title does not pass until the deed has been delivered. The recording of the deed is not required to make the deed effective to pass title between the buyer and the seller. However, recording is necessary so that the public will know that the buyer is the present owner. Recording constitutes "notice to the world" of the transfer in title.


The grantor is the person selling the property. The grantee is the person buying the property. A grant deed is a deed containing an implied warranty that there are no encumbrances on the property not described in the deed and that the person transferring the property actually owns the title. It must describe the property by legal description of boundaries and/or parcel numbers, be signed by all people transferring the property, and be acknowledged before a notary public. It is in contrast to a quit claim deed, which only conveys the interest that the transferor actually owns, if any, without a warranty of ownership.


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FAQ

Gift Deed ? A gift deed is a special type of grant deed that ?gifts? ownership of real property interest to another person or entity. This deed is different from a standard grant deed because it specifically designates that the transfer was not subject to a sale, and the grantor received no monetary compensation.

In a special warranty deed, a grantor offers limited protection to the grantee. The grantor is stating that since they have had the property, they have neither negatively affected the property nor created a defect on the title. This deed does not offer a buyer as much protection as the warranty deed does.

Generally, gift deeds (or deeds of gift) are just another form of grant deed. They usually convey the title in fee simple, and they typically include the word ?grant? in their operative language.

Whenever property is sold or gifted, a deed must be executed by the person or entity transferring ownership, the ?grantor,? and recorded with the Clerk and Recorder in the county where the property is located. The grantor will also need to file a Realty Transfer Certificate and pay the recording fee ($8 per page).

A grant deed is a legal document used in real estate transactions that transfers property ownership from one party (the grantor) to another (the grantee). It specifies the parties' names, a legal description of the property, and any relevant conditions or covenants associated with the transfer.

The Bottom Line A deed is a written document that conveys title to or an interest in real estate when executed and delivered. Grant deeds fall in the middle of the spectrum in terms of buyer protections?they offer more protection than quitclaim deeds, but less than general warranty deeds.

Understanding the Different Types of Deeds in Montana A deed transfers real property from a grantor to the grantee. There are three main types of deeds: the general warranty deed, the special warranty deed, and the quitclaim deed.

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Montana Grant Deed