North Dakota Warranty Deed from Individual to Individual

State:
North Dakota
Control #:
ND-02-78
Format:
Word; 
Rich Text
Instant download

What is this form?

The Warranty Deed from Individual to Individual is a legal document used to transfer property ownership from one individual (the Grantor) to another individual (the Grantee). This form explicitly outlines that the Grantor is conveying the property without including any oil, gas, or mineral rights. Unlike other types of deeds, such as quitclaim deeds, this warranty deed provides a guarantee of clear title and protection against future claims on the property.

Key components of this form

  • Identification of the Grantor and Grantee.
  • Description of the property being transferred.
  • Full consideration amount for the property.
  • Reservation of oil, gas, and mineral rights by the Grantor.
  • Covenants guaranteeing the title is free of encumbrances.
  • Signature and acknowledgment sections for notarial certification.
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Common use cases

This form is used when an individual wishes to transfer ownership of real property to another individual, ensuring that the transaction complies with applicable state laws. It is appropriate in situations such as family transfers, sales between friends, or formalizing the transfer of property after a divorce settlement.

Who needs this form

  • Individuals transferring real estate to another individual.
  • Property owners looking to clarify ownership without complications.
  • Homebuyers receiving property as a gift or through a sale.
  • Anyone involved in property boundary adjustments between neighbors.

Completing this form step by step

  • Identify the parties involved by entering the Grantor's and Grantee's names.
  • Provide a detailed description of the property being transferred.
  • Enter the total consideration paid for the property.
  • Specify any reserved rights, such as oil, gas, and minerals, by the Grantor.
  • Have the Grantor sign the deed in front of a notary public.

Notarization requirements for this form

This form needs to be notarized to ensure legal validity. US Legal Forms provides secure online notarization powered by Notarize, allowing you to complete the process through a verified video call, available anytime.

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Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.

Form selector

Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.

Form selector

If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.

Form selector

We protect your documents and personal data by following strict security and privacy standards.

Common mistakes to avoid

  • Failing to provide a complete and accurate property description.
  • Not including the grantor's reservation of rights in the deed.
  • Omitting the notary's signature and seal after signing.
  • Leaving out the consideration amount or misrepresenting it.

Benefits of using this form online

  • Convenience of downloading and printing the document at your convenience.
  • Editability allows for updates to be made to the document easily.
  • Reliability of attorney-drafted forms compliant with state laws.
  • Instant access to necessary forms without the need for legal consultation.

Main things to remember

  • This form is essential for transferring property between individuals.
  • It includes important guarantees regarding the property title.
  • Correct completion and notarization are necessary for legality.

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FAQ

Failure to record a deed effectively makes it impossible for the public to know about the transfer of a property. That means the legal owner of the property appears to be someone other than the buyer, a situation that can generate serious ramifications.

In order to make the Warranty Deed legally binding, the Seller needs to sign it front of a notary public. Then signed and notarized deed must be filed at the city or county office for recording property documents. Before filing with this office all previously billed property taxes must be paid in full.

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.

Typically, the lender will provide you with a copy of the deed of trust after the closing. The original warranty deeds are often mailed to the grantee after they are recorded. These are your original copies and should be kept in a safe place, such as a fireproof lockbox or a safe deposit box at a financial institution.

It's important to note that a warranty deed does not actually prove the grantor has ownership (a title search is the best way to prove that), but it is a promise by the grantor that they are transferring ownership and if it turns out they don't actually own the property, the grantor will be responsible for compensating

To sign over property ownership to another person, you'll use one of two deeds: a quitclaim deed or a warranty deed.

Let's start with the definition of a deed: DEED: A written instrument by which one party, the Grantor, conveys the title of ownership in property to another party, the Grantee. A Warranty Deed contains promises, called covenants, that the Grantor makes to the Grantee.

A warranty deed guarantees that: The grantor is the rightful owner of the property and has the legal right to transfer the title.The title would withstand third-party claims to ownership of the property. The grantor will do anything to ensure the grantee's title to the property.

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North Dakota Warranty Deed from Individual to Individual