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.
A Virginia Grant Deed, also referred to as a General Warranty Deed, is a legal document used to transfer ownership of real property (land or real estate) located within the state of Virginia from one party to another. This type of deed ensures that the seller (granter) holds a clear and marketable title to the property and guarantees the buyer (grantee) protection against any claims, liens, or encumbrances that may arise from previous owners. When a property owner wants to sell or transfer their property, they can use a Virginia Grant Deed to convey their interest to the buyer. This deed explicitly states that the granter has the legal authority to transfer the property and is responsible for defending the title against any potential defects in the future. The Virginia Grant Deed typically contains specific information, including the full names and addresses of both the granter and grantee, a legal description of the property, details of the transfer, and the granting clauses that ensure the granter's assurance of the property's title. Additionally, the granter's signature must be notarized for the deed to be valid. While the Virginia Grant Deed is the most commonly used type of deed for property transfers in the state, there are a few variations available to suit different circumstances. These include: 1. Special Warranty Deed: Similar to the General Warranty Deed, this document guarantees that the granter will defend the title against any defects or claims arising from their ownership period only. It does not provide protection against issues that existed before they acquired the property. 2. Quitclaim Deed: This type of deed is often used in situations where the granter does not want to make any guarantees about the title. It simply transfers the granter's interest in the property to the grantee, without any warranty or representation of the property's condition or ownership history. 3. Bargain and Sale Deed: This deed does not include any warranties or guarantees, but states that the granter has the lawful right to sell the property. It conveys the granter's interest in the property to the grantee but does not protect against any potential defects in the title. It's important to consult with a legal professional or real estate attorney to determine the most appropriate type of deed for a particular property transfer in Virginia.
