Tennessee Deed: A Comprehensive Explanation of Different Types and Their Significance In Tennessee, a deed refers to a legal document that serves as proof of property ownership transfer from one party to another. Understanding the various types of Tennessee deeds is crucial when engaging in real estate transactions. This comprehensive description will shed light on these different deed types, their unique features, and their importance in Tennessee's real estate landscape. 1. General Warranty Deed: A General Warranty Deed in Tennessee is the most common type of deed used in real estate transactions. It provides the highest level of protection for the buyer (or grantee) as it guarantees title ownership and protects against any claims or disputes from previous owners. This deed promises that no undisclosed encumbrances exist, except those explicitly stated on the deed itself. 2. Special Warranty Deed: A Special Warranty Deed, also known as Limited Warranty Deed, is another frequently used deed in Tennessee. Unlike the General Warranty Deed, it offers a limited level of protection to the grantee. While it guarantees that the current property owner (or granter) has not incurred any title defects during their ownership, it does not protect against claims that may have arisen from previous owners. 3. Quitclaim Deed: A Quitclaim Deed provides the least amount of protection among all the deed types. It essentially transfers any interest the granter may have in the property to the grantee, without making any guarantees or warranties. This deed type is commonly used in situations where property transfers occur between family members or in divorce cases. 4. Trustee's Deed: A Trustee's Deed is utilized when a property is transferred from a trust to an individual or vice versa. Trustees execute this deed to facilitate the transfer, ensuring that all necessary legal provisions are met. 5. Gift Deed: A Gift Deed is used when a property transfer is made as a gift without any form of payment or consideration. This deed type requires the voluntary intent of the granter to be legally valid. 6. Sheriff's Deed: A Sheriff's Deed is issued when a property is sold at a public auction due to foreclosure or judgment. It signifies the transfer of ownership from the defaulting party to the highest bidder. It is important to note that each Tennessee deed type carries different legal implications and levels of protection. Consulting with a qualified real estate attorney or a title company is highly recommended ensuring the appropriate deed is used and to address any specific legal concerns. In conclusion, Tennessee deeds play a crucial role in real estate transactions by legally transferring property ownership. General Warranty, Special Warranty, Quitclaim, Trustee's, Gift, and Sheriff's Deeds are the prominent types used in Tennessee. Being aware of these various deed types and their characteristics will enable both buyers and sellers to navigate the real estate market with confidence and ensure a smooth transfer of property ownership.
Tennessee Deed
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The Tennessee State Library and Archives has microfilmed copies of older deeds for every county in Tennessee. The deeds records are arranged by the name of the seller/buyer (grantor/grantee).
The grantor does not guarantee or warranty any title or claim to the property they are transferring to the grantee. A quitclaim deed is different from a warranty deed because, with a warranty deed, the grantor guarantees that the title is free and clear of liens or encumbrances.
In Tennessee, a county's register of deeds is responsible for keeping official land records in that county. Any act affecting a property's title in Tennessee must file the same with the register of deeds in that county. It also requires a filing for every page over two to register a deed.
How to Transfer a Real Estate Title Write and Review the Deed. The next step is drafting the deed. ... Signing the Deed. Once all parties agree to the contents of the deed, you can move on to signing. ... Register the Deed. The final step is filing the deed with the county records office.
The most common deed form in Tennessee is the warranty deed. Warranty deeds provide a form of protection to the buyer in the form of a warranty by the seller that guarantees no issues with the title.
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.
To search for a deed, you will need to provide us with the name of the individual to be searched, the county and a 5-year date span. When a deed search is requested, we follow these procedures: We locate the cumulative index (if available), usually in a book separate from the deed books.
A warranty deed provides protection for the buyer, guaranteeing that the seller has the legal right to sell the property. If there is a property dispute later regarding the guarantor's ownership stake, the buyer can sue for breach of warranty. This is the type of deed used in most typical real estate transactions.