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.
Nebraska Grant Deed: A Detailed Description and Types In Nebraska, a Grant Deed is a legal document used to transfer ownership of real estate from one party to another. This document ensures that the seller, also known as the granter, has the legal right to transfer the property title to the buyer, or the grantee. Grant deeds provide a secure method of real estate transfer by guaranteeing the grantee's interest in the property. Keywords: Nebraska, Grant Deed, real estate, transfer, ownership, property title, seller, granter, buyer, grantee, real estate transfer, secure method, interest. Different Types of Nebraska Grant Deeds: 1. General Grant Deed: This is the most commonly used type of grant deed in Nebraska. It conveys the property from the granter to the grantee, ensuring that the granter holds full ownership rights and powers over the property. 2. Special Warranty Deed: This type of grant deed guarantees that the granter has not encumbered the property during their ownership, except for any limitations, restrictions, or encumbrances conveyed in the deed. Unlike a general grant deed, it does not provide a warranty against any claims arising from before the granter's ownership. 3. Quitclaim Deed: This is another type of grant deed used in Nebraska. A quitclaim deed is often employed when someone wants to transfer their interest in a property without making any guarantees about its title. It provides the least amount of protection to the grantee since it transfers only the granter's interest, if any, in the property. This type of deed is commonly used in situations like transferring property between family members, divorce settlements, or clearing up uncertainties in property ownership. 4. Bargain and Sale Deed: This grant deed offers no warranties regarding title issues but does imply that the granter has lawful possession of the property. It transfers the property without any guarantee against encumbrances arising from events before the granter's ownership. A bargain and sale deed only conveys the granter's interest in the property. In Nebraska, grant deeds must meet specific legal requirements to be considered valid. These requirements include proper formatting, accurate descriptions of the property, and the granter's signature. Additionally, the deed must be duly recorded with the appropriate county clerk or registrar of deeds to finalize the transfer of ownership and establish public notice. Whether you are buying or selling real estate in Nebraska, understanding the different types of grant deeds and their implications is crucial. It is advisable to consult with a qualified real estate attorney or a licensed title agent to ensure the proper preparation and execution of the grant deed, protecting your interests as either granter or grantee.
