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What Is a Deed? Definition, Uses and Importance.

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A deed is a legal document that transfers real estate or other assets, such as an automobile, to the person who holds it. A deed is a legal document that transfers and defines the boundaries and ownership of an asset to a new owner. When a real estate transaction is completed, the deed is often presented during the close.

Varying jurisdictions have different requirements for what constitutes a lawful deed. The names of the grantor and grantee, the legal description of the property, the affidavit of consideration, the warranties, and the signing requirements are all typical features of a grant agreement.

Purpose of Deeds

The goal of a deed is to transfer ownership of a property or asset from one person or corporation to another by transferring the title, which is the legal ownership of the asset.

A deed to real property must be properly recorded with the local government before its owner can sell, refinance, or receive a line of credit against it. This task is often performed by the attorney representing the property buyer or by a title insurance firm.

You might want to read: Are You Required To Pay Estate Tax on Real Estate You Inherit?

Types of Deeds

Different types of warranties of title are contained in various types of deeds. Several types of deeds, including the warranty deed, special warranty deed, bargain and sale deed, and quitclaim deed.

A warranty agreement is a legal document that guarantees the performance of a product.

From the grantor to the grantee, a deed conveys all of the guarantees of the grantor. This means that the seller has good title to the property and that the property is free of claims or encumbrances.

Special Warranty Deed

A deed that does not provide any protection against title issues that may have arisen previous to the seller’s possession of the property. For example, a title problem may have arisen before purchasing a home, and the seller may have been unaware of the defect.

Buyers who buy a home under the terms of a Special Warranty Deed are not permitted to bring a claim against the seller for a title deficiency. It is fairly typical to see a special warranty deed in commercial purchase and sale transactions since parties frequently rely on title insurance rather than seller warranties when purchasing or selling commercial property.

Bargain and Sale Deed

A deed that makes no representations or warranties as to the property’s title. Government organizations commonly use this type of deed to transfer property.

Quitclaim Deed

A deed that makes no representations or warranties as to the property’s title is free of encumbrances. In the giving clause of the deed, it is customary for the grantor to “quitclaim” the grantee’s interest in the grantor’s property. When people see a quitclaim deed, they automatically assume that something is wrong with the title of the deed. This is not always the case. Quitclaim documents are frequently used to transfer ownership amongst members of a family.

How Deed Works

A deed becomes a legally binding document in a court of law only once recorded in the public record by a local government official responsible for document preservation. Notarization is required for the signature of a deed. Some states additionally need the presence of witnesses.

In the case of a deed that has not been drafted, notarized, and entered into the public record, it is referred to as an imperfect deed. However, even if the document and transfer of title are valid, the associated paperwork may need to be on file with the register of deeds to avoid any delays in the event of a legal dispute.

Commissions, academic degrees, licenses to practice, patents, and powers of attorney are examples of papers that provide privileges similar to those conferred by deeds, among other things.

Avoid falling into inheritance scams, learn all that you need to know here as you go on with your probate matter.

Deed vs. Title

However, although a deed and a title are not the same things, they are intricately linked:

In real estate, a deed is a legal document that transfers property ownership from one owner to another. It describes the property being transferred as well as the names of all parties involved in the transaction. It is signed by all parties and lodged with the appropriate authorities. All states in the United States require that real property deeds be filed with the government, while the specifics differ from state to state. 

It’s possible that the title doesn’t even exist in any physical form. The idea of property ownership confers on the owner of the property the rights of possession and use. The deed serves as evidence of the ownership of the property.

Also see: What Happens if You Inherit a House With a Mortgage

Synonyms of Deeds

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