Grant Deed
What is this form?
A grant deed is a legal document used to transfer ownership of real property from one person (the grantor) to another (the grantee). This form provides an implied warranty that there are no undisclosed encumbrances on the property and that the grantor holds the title to the property being conveyed. Unlike a quit claim deed, which offers no guarantees, a grant deed ensures the buyer has clear ownership rights, making it an essential tool in real estate transactions.
Main sections of this form
- Identification of grantor and grantee, including names and addresses.
- Description of the property being transferred, including legal boundaries.
- Declaration of consideration received for the property.
- Signatures of all parties involved in the transfer.
- Acknowledgment section for notarization purposes.
Common use cases
This form should be used when an owner of real property wishes to transfer their interest to another individual or entity. Common scenarios include selling a property, gifting it to a family member, or transferring ownership as part of an estate plan. It is important to use a grant deed in transactions where a warranty of title is desired.
Who needs this form
This form is suitable for:
- Property owners looking to sell or transfer their property.
- Individuals gifting property to family members or friends.
- Trustees managing property in a trust.
- Anyone needing to establish a clear legal transaction involving real estate.
Instructions for completing this form
- Identify the grantor and grantee by providing their full names and addresses.
- Clearly describe the property being transferred, including legal descriptions or parcel numbers.
- State the consideration received for the property, even if it is a gift.
- Have all parties involved sign the document.
- Ensure the document is acknowledged by a notary public to validate the signatures.
Does this form need to be notarized?
To make this form legally binding, it must be notarized. Our online notarization service, powered by Notarize, lets you verify and sign documents remotely through an encrypted video session.
Common mistakes
- Failure to include a legal description of the property.
- Not having the document notarized, if required by state law.
- Leaving sections incomplete, such as consideration or grantee details.
- Using incorrect names or addresses for the parties involved.
Benefits of completing this form online
- Convenience of downloading and filling out the form anytime.
- Editability allows for easy customization to fit specific circumstances.
- Reliability, as forms are drafted by licensed attorneys to meet legal standards.
- Immediate access to legal resources and support during the process.
Summary of main points
- A grant deed transfers ownership of property with an implied warranty of clear title.
- Essential components include the details of the parties and a legal description of the property.
- Completion involves specific steps, including notarization in most jurisdictions.
- This form is utilized in various situations, from sales to property gifts.
Form popularity
FAQ
Title deeds are documents that essentially provide for proof of ownership over property, real estate, and in some cases, vehicles as well.A grant deed is the legal document that is used to indicate the transfer of property or real estate from one party to another.
The deed must be signed by the party or parties making the conveyance or grant; and 7. It must be delivered and accepted. Contrary to the law and established custom in other states, the expression "to have and to hold" (called the "habendum clause" of a deed) is not necessary, nor are witnesses or seal required.
A grant deed ensures that the grantor has a legal interest in the property. A quitclaim deed merely releases any potential interest the signatory may have in a property with no warranties.
A grant deed (also known as a special warranty deed) is a property deed that makes two guarantees: The property has not been sold to anyone else. The house is not under any liens or restrictions that have not already been disclosed to the buyer.
A grant deed ensures that the grantor has a legal interest in the property. A quitclaim deed merely releases any potential interest the signatory may have in a property with no warranties.
You must sign the grant deed if you are the seller. You also must have a public notary acknowledge or verify your signature on the grant deed. A grant deed is legally ineffective unless the grantor, meaning the person selling or transferring the property, signs the grant deed.
Contrary to normal expectations, the Deed DOES NOT have to be recorded to be effective or to show delivery, and because of that, the Deed DOES NOT have to be signed in front of a Notary Public. However, if you plan to record it, then it does have to be notarized as that is a County Recorder requirement.
A grant deed is a form of deed common in California, which contains implied warranties to the effect that the grantor has not previously conveyed or encumbered the property.
