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Home Resources Real Estate Types of Deeds

9 Types of Deeds Used to Transfer Ownership

Raina Chou

Updated January 24, 2024 | Written by Raina Chou Reviewed by Susan Chai, Esq.

person explaining the difference between different types of deeds

If you are transferring or receiving property ownership, understanding what type of deed you need to use is crucial to ensure a smooth and legally sound transfer.

Deeds are legal documents that transfer property ownership from one party to another — or, in legal terms, from the grantor to the grantee. Each type of deed serves a specific legal purpose depending on the known and unknown history of the property, the existence of a lien , or other encumbrance on the property like a mortgage.

In this comprehensive guide, we will explore the most common types of deeds, their definitions, examples, and provide a helpful flowchart quiz to determine which deed may be best for your needs.

Types of Deeds: A Quick Overview

Before we delve into the specifics of each type of deed, let’s take a quick look at the list of deed types we will be covering in this guide:

  • Quitclaim Deed
  • Survivorship Deed
  • Warranty Deed
  • Bargain and Sale Deed
  • Mortgage Deed
  • Deed of Trust
  • Contract for Deed

If you are still determining which type of deed you need, below is a flowchart quiz to guide you toward the most suitable deed type based on your specific circumstances.

If you prefer to read about the different types of deeds yourself before making a decision, go ahead and skip the quiz.

What Type of Deed Should I Get - Flowchart Quiz

1. Quitclaim Deed

Complexity Level: Basic Grantee Protection: Low Commonly used in: Property transfers between family members or divorced spouses; Correcting titles

In a quitclaim deed , the grantor “quits” any claim to the property and simply passes it to the grantee. It only transfers whatever interest the grantor has in the property and does not guarantee the grantor’s ownership. In other words, it offers no warranty to the grantee.

Specifically, a quitclaim deed does not protect the grantee from:

  • An invalid title : If the grantor’s claim to the title is invalid (i.e., if the grantor does not legally own the property outlined in the deed), the grantee has no recourse. Moreover, while it can correct certain title errors, it does not provide broader title assurances.
  • Liens or encumbrances : There are no legal protections against existing liens or other claims against the property. In addition, the grantor is not obligated to assist the grantee in case of such claims.
  • Mortgage responsibilities : The quitclaim deed transfers ownership but does not affect mortgage obligations, leaving the grantor liable for any existing mortgage. This means that foreclosure can happen if the grantor defaults on an existing property mortgage.

Because of its risky nature, a quitclaim deed is commonly used to transfer property when there is a high degree of trust between the parties involved. It is sometimes also used to correct a title defect (e.g. misspelling of names).

Most quitclaim deeds involve little or no money exchanged (or, in legal terms, consideration) depending on state laws. California, for example, allows the quitclaim deed’s consideration to be $0 under specific circumstances (e.g., the property is transferred into a trust).

2. Gift Deed

Complexity: Intermediate Grantee Protection: Low Commonly used in: Property transfers to loved ones or charities

A Gift Deed, or a Deed of gift, allows the grantor to transfer money or property as a gift without receiving consideration (money) in return. They are commonly seen in estate planning.

Similar to a quitclaim deed, the grantor with a gift deed relinquishes their ownership interest in the property without any warranties or guarantees . Nevertheless, a gift deed has three distinct characteristics that differ from other types of deeds:

  • Flexibility : Gift deeds can be either revocable or irrevocable. Revocable gift deeds give the grantor the option to change their mind before the transfer takes place , while irrevocable gift deeds typically cannot be changed.
  • Gift Tax : When transferring property through a gift deed, gift tax implications may arise.
  • Involvement of a Third Party (Agent): A gift deed can sometimes involve an agent who acts on behalf of the grantor to ensure the gift is successfully transferred to the recipient. This role is common in scenarios where the gift is transferred at a later date or when the recipient is a minor.

Gift deeds can be an effective tool in estate planning, allowing individuals to gift assets and thereby reduce the size of their taxable estate. Additionally, assets passed on via a gift deed bypass the probate process, enabling a quicker and more direct transfer to the recipient without court involvement.

► READ MORE: 9 End of Life Documents Everyone Needs

3. Survivorship Deed

Complexity: Intermediate Grantee Protection: Low Commonly used in: Leaving property to surviving spouse or family member

A survivorship deed allows co-owners of real estate to automatically transfer a deceased owner’s share to the surviving owner(s). It can help avoid the probate process after the death of a joint property owner, as the property automatically passes to the surviving owner(s) without the need for the involvement of a will or trust.

This kind of deed is particularly useful in establishing co-ownership of property and securing the right of survivorship. For instance, someone may use a survivorship deed if they want to add their spouse or another individual as a co-owner to ensure automatic inheritance of each other’s share upon death.

A survivorship deed is primarily used by co-owners or joint tenants to ensure automatic property transfer upon the death of one owner. This is distinct from a gift deed, which is used to transfer property while the grantor is still alive.

Based on your state laws, a survivorship deed may be able to establish different types of ownership . Check your state and county laws; consult with an attorney when necessary to understand the legal implications.

4. Warranty Deed

Complexity: Intermediate Grantee Protection: High Commonly used in: Real estate transactions

A warranty deed assures that the grantor has clear title to a parcel of real estate and has the full legal right to transfer (sell) it to the grantee. It also guarantees that the property is free and clear of any claims, debts, liens, or other encumbrances.

Warranty deeds provide the most substantial protection for the grantee and allow for legal recourse if any unsettled debts or issues with the deed arise.

There are two main types of warranty deeds:

General Warranty Deed

Typically used in residential real estate transactions, a general warranty deed guarantees that the seller has the full legal right to sell the property and that the property is free and clear of any claims, debts, liens, or other encumbrances throughout the property’s history.

This type of deed comes with the most significant protection for the grantee and provides them legal recourse if an unsettled debt or issue with the property arises.

Special Warranty Deed

Similar to general warranty deeds, special warranty deeds (also referred to as a limited warranty deed) assure the grantee that the grantor is the legal owner of the property and that it was not encumbered during their ownership.

The key difference, however, is that the warranty provided only applies to the time when the grantor owned the property . In other words, the grantee may be responsible for liens or other interests in the property that existed before it was purchased by the grantor.

This type of deed is often used to sell commercial property when the current owner does not have complete knowledge of the property’s entire history.

5. Grant Deed

Complexity: Intermediate Grantee Protection: Medium Commonly used in: Tax or foreclosure sales

A grant deed guarantees that:

  • The grantor hasn’t previously transferred the property to someone else, and
  • The property wasn’t burdened with debts or legal claims while under the grantor’s ownership, except for those specifically mentioned in the deed.

A grant deed, used in some states, is similar to a special warranty deed. Generally, a state will use either a grant deed or a special or limited warranty deed, but not both. To determine which type of deed is used in your state, consult your county land or recorder’s office.

Unlike general warranty deeds, grant deeds do not offer the same level of protection as it does not guarantee protection from title problems before the grantor takes ownership.

6. Bargain and Sale Deed

Complexity: Basic Grantee Protection: Low Commonly used in: Foreclosure, tax sales, or estate settlements

A bargain and sale deed includes a warranty that the grantor owns the property but doesn’t guarantee against claims or liens . It does not protect the grantee against title-related problems that may arise after the transfer. The grantee assumes the risk of any encumbrances or defects in the title.

Bargain and sale deeds are commonly used in situations such as foreclosure, tax sales, or settlements of a deceased person’s estate. In such situations, the seller or grantor usually has limited or no knowledge of the property’s history or status.

If you are entering into a bargain and sale deed as a grantee, it is advisable to conduct a thorough title search and consider obtaining title insurance to mitigate potential risks.

Common Deed Types Comparison Chart

7. Mortgage Deed

Complexity: High Grantee Protection: Medium Commonly used in: Loans with real property as collateral

A mortgage deed is a document signed between a homeowner and a bank or lending institution to secure a loan. More specifically, it secures the property as collateral for a loan — meaning a “mortgage payment” is paid towards a loan debt, with the house serving as security in the event of a default.

Note that a mortgage deed does not transfer ownership of the property. When a mortgage deed is in effect, the borrower retains equitable title to the property, meaning they can legally enjoy or use the property, while the lender holds the legal title as collateral.

If the borrower defaults on the loan, the lender then has the right to foreclose on the property to recover the outstanding debt.

Foreclosing on a property with a mortgage deed requires the lender to go through a judicial process, obtaining a court order for foreclosure, known as judicial foreclosure . This process can take several months to a few years, depending on the court’s schedule, the borrower’s defenses, and various procedural requirements.

If an issue arises with the title in a mortgage deed, such as a claim of ownership post-foreclosure, the responsibility may depend on the mortgage deed’s terms. Typically, lending institutions are expected to conduct due diligence, including a chain of title check, as they hold expertise in this field. However, the extent of responsibility can vary based on the specific language and terms set forth in the mortgage deed.

8. Deed of Trust

Complexity: High Grantee Protection: Medium Commonly used in: Mortgage scenarios in real estate transactions

A deed of trust , also known as a trust deed, establishes a legal arrangement involving a borrower, lender, and trustee (typically a title company). In this arrangement, the trustee holds the property title in trust for the lender until the borrower fully repays the loan. Upon complete repayment, the trustee transfers the title to the borrower.

Deeds of trust are used in about half of the states as an alternative to a traditional mortgage.

In a standard home loan, the homebuyer is the borrower, the bank is the lender, and a title company acts as the trustee. The borrower makes monthly payments to the bank. If the borrower defaults, the title company can initiate a foreclosure on behalf of the bank.

In most states that use deeds of trust, legal title is transferred to the trustee, who holds the property in trust for the borrower’s benefit. In others, the trustee only holds a lien.

Deeds of trust usually contain a power-of-sale clause , enabling the trustee to sell the property without a court order in case of foreclosure. This kind of foreclosure is referred to as non-judicial foreclosure , which is different from judicial foreclosure with a mortgage deed.

Deed of Reconveyance

In the context of a loan secured by a deed of trust, a deed of reconveyance is used to release the property from the lien once the loan has been fully repaid. It acknowledges the satisfaction of the debt and transfers the legal title to the trustor (borrower).

A deed of reconveyance is typically prepared by the trustee and recorded in the public records to provide clear evidence of the release of the lien.

9. Contract for Deed

Complexity: High Grantee Protection: Medium Commonly used in: Seller financing scenarios where the buyer pays in installments

A contract for deed (also known as an installment land contract, a land contract, or a land sales contract) is a type of unique real estate agreement where the seller essentially finances the buyer’s purchase of the property.

In this arrangement, the buyer obtains equitable title (usually with a down payment) and starts making installments to the seller, including the agreed purchase price and any interest. The legal title remains with the seller until the purchase price is fully paid.

Once the buyer has paid everything, the seller is required to sign a deed that officially transfers the legal ownership of the property to the buyer.

Deeds for Real Estate Loans Comparison Chart

How Do I Know What Type of Deed I Have?

If you have a deed but are not sure which type of deed it is exactly, here are some key elements to look for when identifying it:

  • The presence of warranties or guarantees;
  • The level of protection offered to the grantee; and
  • The specific purpose or situation for which the deed is commonly used.

If you are unsure about the type of deed you have, it is advisable to consult with your county’s recorder’s office for guidance and clarification.

Different types of property deeds offer varying levels of protection and are suited for different situations. Whether you are entering into a residential real estate transaction, transferring property as a gift, or securing a loan with real property as collateral, knowing the specific characteristics and considerations of each deed type will help you make an informed decision.

Remember to consult with an attorney or title company to ensure a smooth and legally sound transfer. Conducting a title search and considering title insurance can provide additional protection and peace of mind.

Raina Chou

PR & Communications Specialist

Raina Chou creates data-driven articles about the most pressing legal issues in the U.S., combining legal insights with a sharp understanding of users’ needs.

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Property Deed Basics

  • Real Property

This article explains some fundamental concepts behind property deeds in Texas. It explains what deeds are for, the types of deeds, and why it is important to seek professional assistance in preparing deeds.

What is a deed?

A deed is a legal document that transfers ownership of real property. Real property is land, or anything attached to land, such as buildings.

The parties to a deed: Grantors and Grantees

Deeds typically refer to two parties—the grantor and grantee. The grantor is the current owner  who is transferring the property to someone else. In other words, the grantor is the seller or giver of the property.

The grantee is the person who receives the property. In other words, the grantee is the buyer or gift recipient.

Why is a deed important?

In addition to transferring ownership, real estate deeds contain important information about the property. This includes:

  • The new owner (grantee)
  • The previous owner (grantor)
  • The land’s location and boundaries (property description)
  • Encumbrances, if any (limitations on how the land may be used)

A chain of well-written deeds will allow you to track the property all the way back to the original owner. This helps ensure that there will not be any unexpected claims on the property. 

Title vs. Deed

In real estate, the terms "title" and "deed" can be confusing. Title is the property right. The deed conveys that right.

Real estate title is not a document. Rather, it is the strength of one's ownership claim. An unassailable ownership claim, or "clear title," relies on a clear chain of grantors and grantees that one can track from the original owner to the current deedholder. Having a clear title means that there will be no unexpected, valid claims on the property against the deedholder.

A deed is the document that transfers the grantor's ownership to a new person, the grantee. If title is based on a clear chain of ownership, deeds are the links of that chain.

How do I record a deed?

In Texas, you record your deed with the County Clerk in the county where the property exists. If the property is in more than one county, record it in each.

It is important to record your deed. In Texas, the property is legally transferred when the grantee accepts the signed deed. However, recording the deed lets everyone know who owns the property. This helps prevent someone else from claiming they own it. Recording every deed also clarifies the chain of ownership, which helps assure future buyers that you have the right to sell the property. It can be difficult to sell property if you cannot show clear title.

What are the basic requirements of a deed?

To be legal, a deed must be in writing, signed, delivered, and accepted.

In Writing  

A deed must be in writing. You cannot use an oral agreement to transfer real estate.  

The grantor must sign the deed in front of a notary or two credible witnesses. A grantor can only transfer their own rights to property. That means if more than one person owns the property, each owner must sign. If only one owner signs, the grantee becomes co-owner with anyone else who still has rights to the property.  

A deed does not require the grantee's signature .   

Delivered and Accepted

A deed is effective when the grantor gives it to the grantee and the grantee accepts it. Some types of statutory deeds, such as transfer on death deeds, may not require this step.

What else should a deed include?

A deed can, and probably should, include more than the legal minimum. A well-written deed might include:

Land Description    

A deed should fully describe the property. This is more than a mere address. The description should clearly lay out the property’s boundaries.

This description can be in the deed itself. The deed can also reference a description found elsewhere, so long as it is in writing and exists when the deed is drafted. For example, a deed could reference a public survey, property tax documents, or even the most recent deed to the property.  

Example property description: Lot 25, Block 10, of Oak Creek Subdivision #8, as per a plat recorded in Plat Book 40, Page 8, of the Public Records of Crowder County, Texas.

Identity of the Parties

The grantor or their agent must sign the deed. The grantee does not have to sign. However, it is important to identify the grantee, by name or some other means, so that ownership is clear.

Consideration

“Consideration” is something valuable given in exchange for something else. In other words, consideration is the purchase price. Consideration does not have to be money--it can be in-kind work, debt forgiveness, release of a legal claim, etc.

A consideration clause does not have to go into detail or even list the entire purchase price. In Texas, deeds often include language similar to “in exchange for $10.00 and other valuable consideration,” even though real estate usually sells for far more than $10.00.

While transferring property does not require consideration, consideration can help strengthen a grantee’s claim as a good faith purchaser. Consideration is also necessary for any contract. While a deed is not a contract, it may be subject to one.

Grantee Address

While a valid deed does not require the grantee address, you do have to include a mailing address for each grantee when you record the deed with the County Clerk. You can include the addresses in an attachment if needed – it does not have to appear within the deed itself. You can also pay a penalty fee if you choose to file without any mailing addresses.

The recital is an optional opening statement that might include a description of the parties, the reasons for creating the deed, or other facts relevant to the deed.

A   habendum describes the rights being granted. This can be especially important for deeds that only grant partial rights. For example, a mineral deed might give only a percentage of the total mineral rights to the grantee.

Permitted Encumbrances

An encumbrance is a limit on land use, such as a lien, easement, or restrictive covenant. These are common and are often listed as "permitted" under the deed's warranty. Doing so means the grantor will not be liable for the encumbrance when granting a warranty deed.

Main Types of Deeds

There are several types of deeds that offer different levels of protection for the buyer . 

General Warranty Deed  

A  general warranty deed   offers the most protection for the grantee . In a general warranty deed, the grantor guarantees that there are no encumbrances, such as liens or other rightful claims to the property. If it turns out that there are such encumbrances, then the grantor is responsible .

Note that land often has easements or other restrictions on use. These can be included as “permitted encumbrances” if the grantor does not want to be liable for them. An attorney can help you include the right language.

Special Warranty Deed  

A  special warranty deed  guarantees some protection for the buyer but not as much as a general warranty deed. A  special warranty deed only guarantees that no new problems or encumbrances arose while the grantor owned the property.   T he seller doesn’t make any promises about the condition of the title before they owned the property.

Deed without Warranties

A deed without warranties only transfers title to the property, with no protections for the grantee. It makes no promises and offers no legal recourse if there is a problem.  It allows the grantor to give up all ownership, with no responsibility toward the property or the grantee in the future.

In some cases, a deed without warranties may be better than a quitclaim deed because a quitclaim deed, as a matter of law, gives notice to the grantee that there might be other claims on the property. That makes it harder to protect against those claims, should they arise. In other words, a quitclaim deed weakens title, whereas a deed without warranties transfers the title as-is. (Texas passed a statute that gives limited protections for quitclaim transfers, but those protections do not begin until at least four years after the sale.)

Quitclaim Deed  

A quitclaim deed gives the grantee all of the grantor’s rights, whatever those may be. Often it may not even be clear if the grantor has any rights to give, but it prevents the grantor from making any claims on the property in the future. Like a deed without warranties, a quitclaim allows someone to just walk away from all rights--or potential rights--to a property.

A quitclaim deed is simple to use but gives the grantee the least amount of protection . Texas courts have said a quitclaim deed, by definition, puts the grantee on notice that there may be other claims on the property – even if those claims are based on unrecorded deeds that are not on public record. In the past, this could make it impossible for the grantee, as well as any future buyer, to ever have clear title or claim protection as a good faith purchaser. Texas passed a law in 2021 to help fix this problem. Now, a grantee becomes a good faith purchaser four years after recording a quitclaim deed.

What is a good faith purchaser?

A good faith purchaser, also called a bona fide purchaser, is someone who buys the property for value and without notice that someone else might have a claim on the property. Notice can be actual or constructive.

Actual notice is when the buyer knows that someone else may have a claim on the property. Constructive notice is when the buyer should know that someone else may have a claim on the property. For example, if there is a deed on record with county clerk, the buyer has constructive notice of that deed whether or not they checked the county records.

A good faith purchaser is protected against another person’s claim on the property.

Example: Gary is an unscrupulous property owner. Gary sells property to Jane, who never records the deed. Jane legally owns the property. But then Gary sells the same property to Bob, even though Gary no longer has a right to do so. Jane then sues Bob, saying that the property belongs to her because she bought it first. Unfortunately for Jane, Bob did not know about Jane’s purchase and Jane’s deed is not in the public record. That means Bob had no actual or constructive notice of Jane’s claim on the property when he bought it. Bob gets to keep the property because he is a good faith purchaser. Jane may sue Gary for damages, but she cannot take the property from Bob.

What is an easement?

An easement  exists when someone who is not an owner has the legal right to use property in a limited way. For example, a utility company may have an easement to place electric lines. Easements can be negotiated, obtained through condemnation, or arise after a long-term pattern of use.

A warranty deed should list any easements. Otherwise, the grantor may have to compensate the grantee.

What is a restrictive covenant?

A restrictive covenant is a rule that all of the local landowners must follow. For example, everyone in a neighborhood might have to keep their lawns trimmed to a certain height. Or they might be prohibited from painting their house certain colors. 

Developers often include restrictive covenants when they sell parcels in a new development. It usually falls on the homeowner association to enforce such covenants.

A warranty deed should mention any restrictive covenants, else the grantor may be liable.

What is a lien?

A lien is a property right based on a debt. For example, if you put up land a security on a loan, the lender will have a lien on your home until you pay back the loan.

Liens must be addressed when selling property.

Common Types of Special Purpose Deeds

Many types of special purpose deeds exist to meet different legal needs. These deeds may fall into the general, special warranty, no warranty, or quitclaim deed categories. All deeds must meet the basic legal requirements for a deed unless a statute makes an exception.

Transfer on Death Deed

Transfer on death deeds are special deeds that only take effect upon the grantor’s death. They are used to give land to an heir without using a will. This means the land does not have to go through probate for the grantee to take ownership. Unlike most deeds, the law says that the grantor does not have to deliver the deed to the grantee to make it valid. Also, it is revocable so long as the grantor is alive.

Ladybird Deed

A ladybird deed is similar to a transfer on death deed in that it takes effect when the grantor dies. Like a transfer on death deed, it can help avoid probate. There are some differences, though. For example, a power of attorney can be used to execute a ladybird deed, but not a transfer on death deed. When trying to decide whether to use a ladybird deed or a transfer on death deed, it is best to consult an estate planner or attorney.

Correction Deed

A correction deed is used to correct errors in a deed, such as misspellings.

Deed in Lieu of Foreclosure

A deed in lieu of foreclosure is used when a borrower fails to make mortgage payments and gives the property to the lender instead of going through the formal foreclosure process. This cancels the debt and helps make sure that they won’t owe anything should the property sell for less than the amount remaining on the loan. It can also help the borrower protect their credit.

Note that in Texas, “deed in lieu of foreclosure” describes the process of giving over a deed in exchange for debt forgiveness. It is not necessarily the actual title of the deed document. This is a technicality, but worth mentioning to avoid confusion.

A gift deed transfers property as a gift instead of a sale. It does not include consideration, and so one can argue that it does not protect the grantee as a good faith purchaser--though that should not matter if title is clear.

Joint Tenancy with Right of Survivorship Deed

When co-owners have a joint tenancy with right of survivorship deed, each owner’s rights will pass to the other owners upon death. (Normally, their rights would go to their children or other heirs.)

Note that there are different rules for married and unmarried co-owners, as married couples already have certain survivorship rights.

Partition Deed

A partition deed breaks up jointly owned property and assigns a portion, or "partition," to each co-owner.

Deed with Life Estate Reserved

A deed with life estate reserved allows the grantor to keep using the property as long as they are alive.

Mineral Deed

A mineral deed gives the rights to mine and sell minerals, such as gas and oil, that are found on land. Rights to minerals found on land are often separate from general use ownership, or “surface rights.” It is possible for one person to own the land surface, while someone else owns the mineral rights.

Deed of Trust

A deed of trust is a deed given to a third party, the "trustee," to hold until certain conditions are fulfilled. It is often used to put up property as security for a loan, resembling a mortgage. For example, someone takes out a loan to buy property. The trustee (someone other than the buyer and the lender) gets the deed and technically owns the property while the loan exists. The trustee cannot sell the property unless the borrower defaults on the loan. The trustee transfers the property to the buyer when the borrower repays the loan.

Deed of Trust to Secure Assumption

A deed of trust to secure assumption is used to grant property rights when there is an existing mortgage or similar home finance loan. It requires the grantee to make house payments while giving the grantor, who is not the lender, the right to enforce those payments. It does not remove the mortgage or lessen the lender’s claim.

For example, this type of deed may be used if a divorcing couple needs to divide real estate when both of their names are on the mortgage. The deed lets one spouse use the home and makes that spouse responsible for mortgage payments. If they fail to make payments, the spouse who is not using the home can foreclose. See Divorce and Real Estate  for more on this topic.

Water Rights

Rights to natural water, such as a river running through a property, is separate from land ownership. Water rights, also called riparian rights, are complicated and heavily regulated. If you have concerns over water on your property, consult an attorney.

Deeds vs. Divorce Decrees

A divorce decree may say which spouse should get the property, but the decree does not actually transfer the property. The parties still need to create a deed. The deed should include terms to make sure that the transfer honors the conditions in the divorce decree. For example, a deed of trust to secure assumption may be used to help divide marital real estate when there is a mortgage. See Divorce and Real Estate to learn more.

Should I get a lawyer? Can't I just use a form?

Transferring real estate can be complicated, with lots of room for error. It is always a good idea to get a lawyer to help you prepare a deed. Incorrectly preparing a deed can create liability for the grantor and harm the grantee’s rights.

Related Guides

I want to use a small estate affidavit to probate an estate..

Small Estates (Transferring Property When Someone Dies)

I want to pass on my house or land without probate.

Transfer on Death Deeds

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Divorce and real estate, how to draft an affidavit of heirship, dividing your property and debt in a divorce, dividing community property after your divorce, inherited homes and homestead exemptions.

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House Deed vs Title: What’s the Difference?

  • Contracts, Disclosures, and Paperwork
  • Published on June 15th, 2023
  • 12 min read

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Dorothy O’Donnell is a writer based in San Francisco. She covers lifestyle, travel, real estate and other topics for publications such as the Los Angeles Times and 7x7.

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Christopher Rogacz is an associate editor for HomeLight's Seller Resource Center based in Washington, DC. His background is in journalism, architecture, urban policy, and housing. He holds a master's degree from the Graduate School of Design at Harvard University.

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At HomeLight, our vision is a world where every real estate transaction is simple, certain, and satisfying. Therefore, we promote strict  editorial integrity in each of our posts.

House deed vs. title. The terms are often mistakenly interchanged or misunderstood in real estate. Perhaps the biggest myth is that the title to a home is an actual document stored in a drawer somewhere. So here’s a brief overview to keep the meanings straight when you buy or sell a home.

What’s the difference between deed vs title?

A deed is the physical document that passes those ownership rights from seller to buyer and is usually recorded with the courthouse or assessor’s office. The title is someone’s right to legal ownership and use of a property, including the right to sell it. You take title of a home when you purchase it and must clear title — in other words, prove ownership without any additional claims to (or “encumbrances” on) the property — before you can sell it.

Essentially, title and deed are both related to the important question of who truly owns a particular piece of real estate and has the rights to it. Let’s take a deeper look at what a house title is; the different types of deeds used in real estate; and related terms including chain of title, title search , title insurance , and title abstract.

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Find an Agent to Help You Navigate the Paperwork

Buying and selling real estate is a complex task. A top real estate agent can serve as an invaluable transaction coordinator during steps like the title search and deed transfer.

The complexities of real estate ownership

When you buy a brand new couch from the furniture store, you don’t have to worry about who owned that couch in the past and if there are any outstanding debts or claims against it. You pay for the piece of furniture, take a receipt, and now it’s yours to nap on or decorate with your favorite throw pillows.

An heir to the former couch owner likely isn’t going to contact you down the road saying that they actually are the rightful owners of said couch, creating problems for you as the new couch owner.

Buying and selling property, on the other hand, can bring up tricky ownership issues, especially if the property was improperly transferred in the past, or liens are owed on it that could encumber the owner’s ability to sell it.

Common title issues can include public records errors, liens (think: refinancing, owing back taxes , or even unpaid contractors ), fraud, forgery, unknown or missing heirs, and boundary disputes.

Tricia Brost , a top-selling agent in the Milwaukee area, shares that problems can arise when more than one person has ownership rights. She was involved in a sale in which a brother and sister inherited a property from their deceased parents. Both of their names were on the title. The brother wanted to sell the property and list it right away.

“Before we could sell the property, we had to make sure both siblings signed off on the title so it was free and clear,” says Brost.

To sum up, the legalities around property ownership and transfer are pretty complex compared to most everyday purchases, hence the need for extra layers of verification and documentation.

What is a title? A bundle of rights

Title refers to your right to legal ownership of a home. Taking title generally gives you the right to sleep in the home, host a barbecue there, and put in new flooring if you wish. “Title,” though it sounds like a document you’d find in a three-ring binder, actually refers to a bundle of rights related to owning property. This bundle includes five separate rights which you may alone claim or share with other entities such as your mortgage lender:

  • The right of possession: You legally own the property and claim ownership to it. The walls, the roof, the porch, and the plot of land (if included in the house purchase) are yours!
  • The right of control: You can use the property as you please, so long as you don’t break the law. One exception may be a homeowners association that sets rules for patio decorations or pets.
  • The right of exclusion: Go ahead, be the cranky neighbor who tells people to get off your lawn (we kid, but technically it is your right). When you take title, it’s also your call to say who can enter the property.
  • The right of enjoyment: Play basketball in the driveway, sip coffee on the porch, throw a party, binge your favorite show! Do what you like, so long as it’s not illegal.
  • The right of disposition: What’s yours to keep is yours to sell. The right of disposition gives you the ability to transfer ownership of your home, with some exceptions. If you have a lien against the property such as mortgage, second mortgage, or home equity line of credit, you’ll need to resolve that lien using proceeds from the sale.

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Other terms related to title

You’re likely to hear house title used in combination with these related terms:

Abstract of title

Although “title” is a concept, material facts related to a property’s title are sometimes documented in the form of an abstract.

An abstract of title records your home’s legal history and past chain of ownership. As a homeowner, you may have the abstract of title — potentially a thick stack of paperwork — stored in a file cabinet somewhere.

The abstract of title typically includes “a summary of the original grant, subsequent changes in ownership and any encumbrances on the property, and finally a statement by the person preparing the abstract that it is complete and accurate,” according to online legal tech company Rocket Lawyer.

According to Richie Helali , a mortgage lending expert with HomeLight Home Loans, an abstract of title is like a laundry list of all of a property’s various owners over time.

“It is something that a title company is going to provide,” he says. “It normally shows up on the prelim report they provide once they start their title work that says ‘Hey, guys — here’s everything we know about the history of the property based on public records.’”

Title search

A title company or real estate lawyer will conduct what’s called a title search as a step in the due diligence period of a home purchase. A title search is a comprehensive evaluation of records, sources, and documents to identify all available and relevant title information about a particular property. The intent of the title search is to determine if anyone may have a claim on the home besides the owner.

Before a buyer can take title to a house, the seller must clear title, or in other words prove that the title is free of issues such as liens, judgments, or bankruptcies. Essentially, a buyer wants to verify that they won’t inherit any claims on the home once they become the owner and that the seller has the absolute right to sell it.

“The title company presents any issues on a title to the parties involved in a transaction and makes sure that the seller has the right to convey the property,” remarks Omar Kinaan , a top real estate agent and escrow and title specialist in Menlo Park, California.

Here are some common claims that can come up during a title search:

  • Contractor liens (commonly referred to as “mechanic’s liens” in some states) for money owed on a remodeling project
  • Improper title transfers due to past paperwork error
  • Unpaid taxes
  • Bankruptcy filings
  • Child support liens
  • Boundary encroachments

Most issues with title (like the above) must be resolved before the seller can transfer ownership of the property to the buyer.

If problems are discovered, a real estate agent can be a key resource in hunting down paperwork where needed and making sure debts are paid.

“It’s important for us real estate agents to take a look at the title policies for our clients and assist where needed,” says Brost. “If there’s a document missing, we can reach out and try to help the title company locate it.”  

Keep in mind that some claims on the title, such as the primary mortgage or property taxes that haven’t come due yet, aren’t considered problematic or to be a blocker on a sale. These types of claims can be paid out at closing using the home sale proceeds.

Title insurance

Title searches are not 100% foolproof.

Let’s say you’re about to close on the home of your dreams only to discover your seller bought the property through a wrongful foreclosure. Or perhaps you’re loving life in your new digs when a stranger shows up at your door claiming it’s his home and that he never OK’d the sale. Fortunately, such nightmare scenarios are rare. But they also illustrate why title insurance is so important.

As First American Financial Corporation explains : “Even the most skilled title professionals may not find all problems associated with a property. Some risks, such as title issues due to filing errors, forgeries, or undisclosed heirs , are difficult to identify.”

Enter title insurance. Title insurance is a one-time premium paid in full at closing that provides coverage against unknown title issues for the entirety that someone owns a home.

“Title insurance really covers your investment and your ownership of that property,” explains Helali. “So if something does come up from years ago on the title that was never found before, you’re usually protected.”

There are two types of title insurance to know:  

  • Lender’s title insurance: When a buyer uses a mortgage to purchase a home, the lender typically will take out a title insurance policy to protect their investment against financial loss from title defects. The cost of this policy is usually covered by the buyer.
  • Owner’s title insurance: Owner’s title insurance provides coverage against title risks for the buyer. Buyers can decline owner’s title insurance, but doing so is not recommended.

“While a buyer of a property does not have to take out title insurance, in my opinion, that would be silly,” shares Kinaan. “If you don’t have title insurance and there is an infraction on the title or some kind of issue with your ownership, you don’t have an insurance company to protect you.”

Title fees typically amount to 0.5%-1% of the property’s sale price. Note that a title insurance policy does not negate the need for a title search, but is issued regardless of the title search outcome. Typically the seller will pay for the buyer’s title insurance policy , while the buyer pays for the lender’s title insurance, but this may be up for negotiation.

The percentage of people who receive a payment from their title insurance is low — only about 4% to 5% ; however, almost all lenders will require lender’s title insurance in a standard transaction. The bottom line is: the risk of hidden defects is still high enough to call for insurance.

What is a deed? A document used for property transfer

A deed is the legal document that conveys the title from seller to buyer.

“I always tell people that a deed is the document that you physically hold in your hand,” explains Brost, the Milwaukee-area real estate agent. “It’s the piece of paper that states that you own the property and that gets recorded after closing.”

Both parties must sign the deed to make the transfer of ownership rights official.

“When the seller goes to sign a deed, their signature is notarized so they can prove that they are the person, or people, who have the right to convey this property to the new owner,” adds Kinaan.

There are various types of deeds. Here are a few of the most common ones:

General Warranty Deed The General Warranty Deed is most commonly used in traditional home sales and provides the most protections for buyers. It means that you, the owner, have clear title and a right to sell the property, and no knowledge of any unforeseen issues that might come up with the title for the life of the property . It also says that no one else has rights to own the property.

Special Warranty Deed A Special Warranty Deed is similar to the General Warranty Deed with one exception — it only promises clear title for the time you’ve owned the home. It’s generally used for commercial real estate transactions and is also known as a Covenant Deed.

Grant Deed Like both types of warranty deeds, a Grant Deed shows that you have clear title to sell and are unaware of anything that might impact the title. But it doesn’t include the warranty that you’ll defend the title against other people who may end up having claims to it after the sale takes place.

Quitclaim Deed A Quitclaim Deed offers the least amount of protection for a buyer. It’s normally used when a property owner gifts a house to someone else. The Quitclaim Deed transfers rights and ownership to the buyer, but without any guarantee that the seller is actually able to do so. Oftentimes, even if the seller doesn’t have the legal right to sell the house, the buyer wouldn’t be able to take any recourse against the seller after the fact.

Bargain and Sale Deed If your home is being sold in a tax sale or foreclosure, the property may be sold with a Bargain and Sale Deed . This means that the seller doesn’t need to clear title and there are no protections for the buyer. For example, if you’ve got liens on the property, they stay with it when you sell. The buyer is responsible for cleaning everything up after the sale.

House deed vs title: Key points to remember

So that’s the nitty-gritty on deeds and titles. It’s a lot to digest, but remember these key points, and you’ll be in good shape:

  • What they look like: A deed is a document you can hold in your hands that says you own a property. A title is the legal concept of the right to own that property.
  • What their purpose is: A deed serves as physical proof of when a property changed hands. The title gives an owner the rights to do what they wish with the property — as long as it’s legal.
  • How they’re used: To sell a home, you must transfer title to the new owner using a deed. A title search will verify that the title is free and clear of any claims, and title insurance will likely be issued to the lender and buyer to protect against unknown title problems.

A deed and title are closely related — you need both to make a legitimate sale or transfer of property. Having a deed without a title is a bit like buying a new car without getting the keys. You won’t get very far without them.

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What Is a Conveyance?

Understanding conveyance, legality of conveyances, familial conveyances, types of real estate deeds, types of conveyances, examples of conveyances, frequently asked questions.

  • Conveyance FAQs

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Conveyance: Property Transfer Examples and FAQs

James Chen, CMT is an expert trader, investment adviser, and global market strategist.

what does a deed of transfer look like

Thomas J Catalano is a CFP and Registered Investment Adviser with the state of South Carolina, where he launched his own financial advisory firm in 2018. Thomas' experience gives him expertise in a variety of areas including investments, retirement, insurance, and financial planning.

what does a deed of transfer look like

The term conveyance refers to the act of transferring property from one party to another. The term is commonly used in real estate transactions when buyers and sellers transfer ownership of land, building, or home.

This is done using an instrument of conveyance—a legal document such as a contract, lease, title , or deed. The document stipulates the agreed-upon purchase price and date of actual transfer, as well as the obligations and responsibilities of both parties.

Key Takeaways

  • Conveyance is the act of transferring property from one party to another.
  • The term is commonly used in real estate transactions when buyers and sellers transfer ownership of land, building, or home.
  • A conveyance is done using an instrument of conveyance—a legal document such as a contract, lease, title, or deed.
  • Such transfers may be subject to a conveyance tax.
  • Fraudulent conveyance is an unfair or illegal transfer of assets done in order to avoid creditors during bankruptcy or to avoid taxes.

In finance, the term conveyance represents the act of legally transferring property from one entity to another. So when two parties engage in the sale of a piece of property, they transfer ownership through a conveyance. For instance, when a car owner legally signs the title over to a buyer, they are engaged in a conveyance.

The term conveyance is commonly associated with real estate transactions . Conveyance of ownership of real estate is also referred to as conveyancing, and the legal representative overseeing the process can be referred to as a conveyancer . Real estate transactions often incur a tax called a conveyance tax or a real estate transfer tax. This levy is imposed on the transfer of property at the county, state, or municipal level.

A conveyance is normally executed using a conveyance instrument. This is a written instrument or contract that outlines the obligations and responsibilities of both the buyer and the seller including the purchase price , date of transfer, and any other terms and conditions associated with the sale. The instrument may be a deed or a lease —a document that transfers the legal title of a property from the seller to the buyer.

There are cases where one party doesn't live up to its obligations as outlined in the conveyance instrument or contract. When this happens, the other party can take the defaulting party to court to enforce the contract or to claim damages.

Conveyancing ensures that the buyer is informed in advance of any restrictions on the property, such as mortgages and liens , and assures the buyer of a clean title to the property. Many buyers purchase title insurance to protect against the possibility of fraud in the title transfer process.

There are also legal distinctions of conveyances, mainly stemming from British law, that hold certain rights of conveyance within family estates or bloodlines:

  • Fee tail conveyances stipulate that property must remain within a family, and in particular be passed down to one's children. A fee tail only can remain in place as long as children remain alive.
  • Fee simple absolute conveyances provide a claim to one's heirs, who can then assume full rights of ownership and sell to whomever they wish, even outside of the family.
  • Fee simple defeasible conveyances are similar to the above but come with certain restrictions or conditions. If a condition is violated, the ownership claim reverts back to the grantor.
  • Life estate conveyances exist only as long as the owner remains alive, without respect to any heirs.

If the other party doesn't fulfill their obligations, you can take them to court to enforce the contract or to claim damages.

Different forms of real estate deeds are used to make sure each party fulfills the conditions outlined in the conveyance. Some agreements may be more simple; others may hold one party contingent on several outcomes.

  • Bargain and sale deeds, sometimes called special warranty in other states, occur when the grantor makes assertions about the title, but the covenants in the agreement only relate to any time period in which the grantor owned the property. Commonly used by banks on foreclosed properties, these type of conveyances hold little to no claims regarding prior ownership of the property.
  • Quitclaim deeds are used to convey title without any covenants. The grantor of a quitclaim deed makes no assertion over the ownership or condition of the property. Quitclaim deeds are often used for gifting title as it is a basic type of deed that simply convey that the grantor does not hold any interest in the property being transferred.
  • Reconveyance deeds are used when prevailing conditions have changed and the deed needs to be "re-conveyed". This type of conveyance is used by mortgage lenders when a borrower has paid off their mortgage; with the debt having been satisfied, the lender no longer has conditional claims to the property.

Real Estate Conveyances

Conveyance is a general term that applies in a legal sense beyond residential real estate . The conveyance in most real estate transactions is also known as the sale deed. Conveyance is the category, and sales deed is a type of conveyance within that category. There are several primary types of deeds used to transfer real estate:

The process behind a typical conveyance includes a review of liens and other encumbrances . it ensures all conditions have been met, settling all taxes and charges with the appropriate party prior to transfer, confirming financing , and preparing all the documents for final settlement. The documents provided for conveyancing typically include the deed, mortgage documents, certificate of liens, the title insurance binder , and any side agreements related to the sale.

In most states, it is illegal to transfer property to a third party in order to avoid  creditors ’ claims on that property. This is known as a  fraudulent conveyance , and creditors can pursue their claim on the property via civil legal action.

Mineral Rights Conveyances

Conveyance also applies to the oil and gas industry . As land is a form of real estate with attached rights, exploration companies use the term conveyance to refer to contracts that transfer rights to or ownership of certain parcels of land to the company.

Among the most common conveyances is a contract granting mineral rights without turning over the title of the land, but conveyances are also used to establish the right of way for a company’s operations on a landowner’s property. The landowner is, of course, compensated for transferring these rights to the exploration company.

Other Real Property

Many forms of conveyance occur when real, tangible assets are transferred not just by physical possession but by signing over the title to the new owner. For example, consider buying a new car; whether through a dealership or private seller, the car is legally conveyed when the previous car owner signs the title over to the new car owner.

Another form of conveyance is the transfer of inventory. Consider a company that buys a large number of raw materials that must be transferred to its warehouse. Based on the agreed-upon shipping terms, conveyance of ownership may happen at acquisition, sometime during delivery, or when the goods are physically possessed by the buyer. This entire act of transferring ownership of property from one entity to another embodies conveyance.

Let's look at the transfer of a piece of land owned by an individual's grandfather. In the first example, the grandfather decides to sell the property to their grandson via an arms-length transaction and at fair market value. In this case, the deed is transferred at closing to the grandson, who becomes the new legal owner.

In a second case, the grandfather decides to gift the property to the grandson. Here, no money is exchanged for the value of the property, but a gift tax must be paid on any value greater than the prevailing gift tax exclusion amount. For 2022, the IRS set the gift tax exclusion amount as $16,000, and the gift tax exemption will increase to $17,000 for 2023.

In a third case, the grandfather dies and wills the property to the grandson. Again, the deed is conveyed but no money changes hands, and there is no gift tax. Instead, there may be an estate tax on any value exceeding $12.06 million for estates of decedents who died in 2022. The basic exclusion amount is increasing to $12.92 million for decedents who pass away in 2023.

What Is a Conveyance Tax?

A conveyance tax is levied by a government authority (such as a municipality or state) on the transfer of real property. This tax is usually paid by the seller , although this may be negotiated prior to closing.

What Is a Voluntary Conveyance?

In a voluntary conveyance , the owner agrees to transfer property to a new owner, but does not receive full compensation (known as "consideration" in legal terms). For instance, when willed to an heir, voluntarily forfeited to a lienholder, or donated to charity.

What Is a Deed of Reconveyance?

A deed of reconveyance is a legal document issued by a lender or lienholder when a mortgage or other debt secured by real property is paid off. This deed releases the property owner from any further claims by the lender.

What Is a Fraudulent Conveyance?

Fraudulent conveyance occurs when a property is transferred for reasons meant to avoid taxes, creditors, or which otherwise constitutes illegal activity such as money laundering.

Conveyance is the process of transferring property from one party to another. Often relating to the transfer of investments such as real estate or securities, conveyance is heavily tied to legal processes to ensure proper documentation is maintained and applicable gift taxes (or exclusions) are followed. Conveyance not only transfers ownership of assets but delegates ongoing responsibilities and obligations of both sides of the transaction.

Legal Information Institute. " Fraudulent Transfer Act ."

Internal Revenue Service. " IRS Provides Tax Inflation Adjustments for Tax Year 2023 ."

what does a deed of transfer look like

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House Deed: What You Need To Know About Property Deeds

what does a deed of transfer look like

What Is A House Deed?

Types of house deeds, house deed vs. title, how to get a house deed, how do house deed transfers work, how to make changes to a house deed.

When you buy a house for the first time, it can be exciting to dedicate all of your focus to moving in and unpacking in your new space. But, there are a few legal considerations to take care of before you can get the keys. One of the most important components of buying a house is obtaining the house deed , which will be signed as part of the closing process.

A house deed is a legal document that grants you ownership of the new property. Deeds are often confused with titles and other portions of the real estate transaction, but each component has its own purpose. Below we will outline exactly what a house deed is so that you can confidently approach and finalize your first real estate purchase.

The deed to a house is a legal document that transfers ownership from the former owner (the grantor) to a new owner (the grantee). House deeds are often called property deeds and are a crucial part of the closing process in any real estate transaction. They are typically transferred at the time of closing.

Deeds are the primary way homebuyers can indicate true ownership and protect themselves in points of real estate dispute. The buyer and seller of a property should always fill out a house deed to verify the transfer of ownership is accurately completed during a transaction. The deed should then be notarized and filed with the county recorder’s office to maintain public record.

what is a deed to a house

Importance Of A House Deed

While a house deed might seem like just a piece of paper, as it turns out, it is the single most important document that proves home ownership. The deed is used to indicate legal ownership if there is a dispute regarding property interest. Unfortunately, even if you think you hold interest in a house, it doesn’t mean anything unless you are listed on the deed. Because of this, the proper recording of deeds is critical. Any party involved in a real estate transaction should verify that a deed is completed and then recorded properly to reflect any transfer of ownership.

What Does A House Deed Look Like?

A house deed is a standard legal document and will generally look like a contract. Deeds contain specific information about the property in question, such as:

A statement indicating that the document is a deed

Description of the sold property

Grantor and the grantee information

Property seller signature

A notary stamp (when required by state law)

Note that the buyer is not required to sign the house deed — instead, buyers are presented with the final document after the transaction is complete.

House deeds typically fall into two categories: private or official. Private deeds usually take place between two parties, such as individuals and businesses. Official deeds are executed in a court or other type of legal proceeding.

Several types of house deeds can be used, each designed to serve different circumstances. Here are a few common types of house deeds:

General Warranty Deeds

Special warranty deeds, quitclaim deeds, special purpose deeds.

The most commonly used type of house deed is the general warranty deed. It’s a popular option because it offers the highest level of protection for the grantee, which is the person buying or receiving the property.

With a general warranty deed, the grantee has a right to the property free and clear. The grantor, or the person selling or gifting the property, is guaranteeing that there are no liens or easements against the property. If it turns out that there are claims against the property, the grantee can’t be held liable.

A special warranty deed offers the grantee some protection, but not as much relative to a general warranty deed. The special warranty deed guarantees that there are no title issues during the time period the grantor owned the property. In contrast, a general warranty deed extends this guarantee throughout the property’s history, even through prior owners. Special warranty deeds are often used in the case of home foreclosures when grantees buy properties from banks.

A quitclaim deed is used when a grantor wants to transfer any interest they may possess in a property. They may or may not be the legal owner. Because of this, grantees are offered the least amount of protection. Not only do they get any promises about the property title, they don’t have any legal leverage if a problem arises.

Because of this, quitclaim deeds are seldom used when there’s a financial exchange for the property. They are often used in family matters, such as when a married person signs a quitclaim deed to convey their share of property interest to their spouse.

Last but not least, special purpose deeds are typically used in official matters, and they also do not offer protection for the grantee. Executor’s deeds, tax deeds, and sheriff’s deeds are all examples of special purpose deeds used by law officials to sell property in special circumstances.

A house deed and title are two commonly confused aspects of the homebuying process , and rightfully so. Both a house deed and a title pertain to ownership of the property, and the two terms are frequently used interchangeably or simultaneously. Despite these common mix-ups, a deed and a title refer to two slightly different pieces within a real estate transaction.

It is crucial to understand the differences between these concepts before you close on a house. Not only can this understanding better prepare you for the closing table, but it can also ensure you know how to legally protect yourself during the transaction. After all, one thing a house deed and title have in common is that they both directly impact the ownership of the property.

What is a Title?

A title is an owner’s legal right of ownership and the ability to sell. When a buyer legally purchases a home, the title will be transferred to their name. Businesses and other legal entities can also hold property titles.

Titles are also used to discuss ownership of other asset types, such as cars or boats. However, these comparisons can be slightly confusing. A car title often refers to the legal document you receive when purchasing a vehicle, naming you the owner. In real estate, a title is more of a concept than a piece of paper.

Essentially a real estate title is a bundle of rights granting someone ownership of a property. When a real estate transaction is finalized, the buyer will be granted the title, but they will not go home with an extra piece of paper. Instead, they will become the title holder of the home for legal purposes.

Differences Between a Deed and Title

One way to think about the differences between a deed and a title is to look directly at the words themselves. A deed is a document, while a title is just like any other official position (attorney, manager, dean, etc.). The title to a property means you are officially the owner; the deed proves that statement.

The frequency at which these two terms are used in a real estate transaction can make it difficult to keep things straight. But again, they differ in purpose and practice. Here are a few key highlights to help as you attempt to commit these terms to memory:

Physical Document vs. Legal Term: The key difference, and perhaps the easiest to visualize, is that a deed is a physical document while a title is only a concept. When you close on a house, you will walk away with the deed (a physical document) in hand. The title comes into play before the actual close during a title search . The title search is a process of searching public records on the property to make sure that the seller is the property’s rightful owner. In other words, it ensures that they have legal title to the property and have the right to sell it to you. The search can also reveal whether or not there are any liens or claims on the property. If there are, you will likely want to walk away from the deal as the title is not clear.

Intended Purpose: Both a deed and title are crucial when determining home ownership. The deed will prove that the seller is the actual titleholder during the real estate transaction. The title is the legal right to modify the property or transfer ownership to another party. For example, the title gives you the right to one day sell the home.

Legal Process: These two elements are utilized at different times during a real estate transaction. The deed is drawn up by a real estate attorney before the closing meeting for the seller and buyer to sign. The title is researched before closing to ensure no legal or financial problems are associated with the property. The title needs to be clearly stated and researched to guarantee that no legal issues will arise after the transaction.

what does a house deed look like

If you are involved in any type of real estate exchange or transaction, you will need to make sure that a new property deed is properly recorded. This is a critical step to ensure that the property title is properly conveyed and that your title rights are protected.

Here is a step-by-step guide on how to obtain and record a property deed:

Obtain A Deed Form

Legally Describe The Property

Identify The Parties

Date & Signature

File The Deed

1. Obtain A Deed Form

Luckily, deeds rarely have to be created from scratch. Deed forms and templates are widely available. Try your local county recorder office or even an office supply store. You may skip this step entirely if you are working with a real estate attorney who is drawing up the deed for you.

2. Legally Describe The Property

A deed is not valid unless it includes a legal description of the property. This is not as simple as writing down the property’s mailing address. A legal description includes several pieces of identifying information, such as the lot numbers, physical boundaries, and easements.

You can find the property’s legal description by referring to the current or previously-recorded deed or by checking your most recent property tax statement.

3. Identify The Parties

Next, enter the identifying information of the parties involved in the transaction. This is typically the grantor and the grantee. The deed form provides spaces to enter each party’s name. Be careful to use the full name of each party and utilize the correct spelling.

4. Date & Signature

Both parties must sign and date the deed in the presence of a notary public. Otherwise, the deed won’t be valid. Check your local state requirements, as some states require witness signatures as well.

5. File The Deed

Last but certainly not least, you must file the deed at your local county recorder office. Otherwise, the deed will not be considered existent or valid. Be sure to complete any county requirements, such as filling out and including a Preliminary Change of Ownership form. Once your deed is recorded, a certified copy will be sent to you through the mail. The process is now complete, and your deed is viewable by the general public.

House deed transfers are typically conducted at the time of closing and will typically be facilitated by a real estate attorney. The new deed is then filed with the county recorder’s office; this responsibility will be delegated at the time of closing. In some cases, your lender or agent will file the new deed, or your attorney may handle the responsibility. If you ever need to change the name on the deed, like after getting married or divorced, you can file a request with the county.

House deeds can also be transferred between family members following a slightly different process. This may become necessary when switching ownership between relatives or after a family member has passed away. Different types of deeds can be used in these cases, though a quitclaim deed is the most common. When signing a quitclaim deed, you essentially forfeit your ownership of the property to transfer it to another family member. This transfer is then notarized and recorded with the county recorder’s office.

Transferring a house deed can sound complicated, but in traditional real estate transactions, it will happen within the closing process. First-time homebuyers should understand the importance of a title search and what a deed includes. These distinctions will help set you up for your new purchase and ensure there are no legal challenges with ownership.

There are certain instances when you need to make changes to a house deed. For instance, you jointly own property with another individual. If this person passes away or you get a divorce from this individual, you will typically need to change your deed. There are also instances when you need to change your deed because you found a typo or clerical error, or you need to refinance your home.

Because deeds are public documents, it is best to present the changes you want to make at your local county recorder’s office. Once the changes are approved, you’ll document these changes. Some options include using a correction deed or recording a new deed. The type of action used is best advised by your county or a real estate attorney for more complex circumstances.

There are numerous legal components to the home buying process, all of which can be intimidating for first-time buyers. The best advice is to review what you can and work with a trusted agent who will guide you through the rest. There are numerous steps in a typical real estate transaction, and they all end with you signing the final house deed and moving into your new property.

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what does a deed of transfer look like

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What is a property deed?

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Whether you’re a homebuyer or seller, the deed to the property in the transaction is an essential piece. Here are the basics on this crucial document, what it includes and how it differs from a property title .

Key takeaways

  • A property deed documents the legal ownership of land or property.
  • The deed lists both the grantor (seller) and grantee (buyer).
  • Common types of deeds include warranty deeds and quitclaim deeds.
  • Property deeds are recorded by local government.

A property deed, or a house deed, is a legal record that indicates or transfers the ownership of a property, such as a home or land. The deed documents the ownership of the property, and identifies the property’s grantor (seller) and grantee (buyer). The grantor or both parties will need to sign this document for the property to legally change hands in a real estate transaction.

A property deed serves as a public record of who owns a home or land, so it’s a key document when it comes to legal matters concerning the property. If an ownership dispute arises, for example, you may be able to resolve it by simply confirming the name on the deed.

It’s also important to properly record a deed, as issues can occur if these records are incomplete, incorrect or don’t exist. This can become a problem if the property owner dies, for instance.

Property deed vs. title

In real estate transactions, the terms “deed” and “title” are often used interchangeably to refer to the legal ownership of a property. Even though both terms relate to the transfer of ownership, they mean two different things: While a deed is the actual physical document that shows ownership, the title refers to the legal rights to the property, as documented in the deed.

What does a deed look like?

A property deed is usually one or two pages long, and the contents depend on what type of deed it is (more on that below), as well as the property type and location. Generally, a deed contains a few key pieces of information:

  • Property description – Property boundaries and any other relevant details about the property type, such as adjacent roads, utilities or the name of the subdivision
  • Buyer and seller information – The names and addresses of the parties buying and selling the property
  • Seller’s signature – The seller, or the person transferring the property, must sign their full name to the document to make it official. Some deeds require the signature of both the buyer and seller.
  • Granting clause – The clause that transfers ownership of the property and spells out the buyer’s rights
  • Consideration clause – The clause that indicates how much money the seller received for the sale of the home

Types of deeds

Warranty deed.

A warranty deed is the type of deed used when getting a mortgage, and provides more protection for the person buying the home compared to other kinds of deeds.

There are two types of warranty deeds:

  • A general warranty deed provides the most safeguards for the buyer by guaranteeing that the seller has the legal right to transfer the property, and that the property is free of any liens, debts or encumbrances.
  • A special warranty deed offers fewer protections. Although it guarantees there were no liens or encumbrances on the property while the seller owned it, the deed does not ensure that these encumbrances did not exist before the seller took ownership. This type of deed is most common for the transfer of an estate or trust.

Bargain and sale deed

A bargain and sale deed only states that the seller holds title to the property; it does not protect the buyer from liens or debts. This type of deed is most common in tax sales and foreclosures, when the property’s history may be unclear.

Quitclaim deed

Common in divorce situations, a quitclaim deed is when the seller “quits” any rights to the property. The deed transfers any ownership the seller might have in the property, but it does not guarantee that this ownership exists.

Special purpose deeds

Typically used in court for specific circumstances, special purpose deeds don’t offer any real protections to the buyer. The most common types of special purpose deeds include:

  • Deed in lieu of foreclosure – This is when a homeowner transfers a property back to the bank or lender to avoid foreclosure.
  • Deed of gift – This is when the deed is gifted from the grantor to the grantee, meaning ownership is transferred without any money changing hands.
  • Tax deed – This is when property taxes go unpaid and ownership transfers to the government, which then auctions the property to pay off the tax debt.
  • Executor’s deed – This is when the property owner dies and the estate’s executor transfers property to the grantee named in the will.

How to get a property deed

Your local government maintains property records, including property deeds, typically at the city or county level. In a real estate transaction, a real estate attorney or title company can help you prepare a property deed to transfer ownership. If you need to obtain a copy of a deed for another reason, check your municipality’s clerk, recorder or register of deeds.

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Deeds to Real Estate

How can i tell if the deed is a valid legal transfer of ownership, what is a deed.

A deed is the legal name for the document which transfers ownership of real estate. California state law has specific requirements for a deed to be valid. In a typical home sale or transfer, the deed will be prepared by the escrow company or by the attorney handling the transfer. Further, in a typical sale, there is title insurance paid for by the seller and the title insurance company always reviews the deed to make sure that it is legally correct and proper.

Example of a Grant Deed

Example of a Grant Deed

REQUIREMENTS FOR A VALID DEED

Whomever is preparing the deed for the transaction is charged with creating a document that fulfills all the requirements of California law. First, the deed must be in writing and have the names of the grantor and grantee. The grantor is the person selling or giving the property and the grantee is the person buying or receiving the property. Second, there must be a sufficient description of the property which typically is a legal description with an assessor’s parcel number although in some instances a lesser description will suffice. Third, there must be proper “words of conveyance”. Fourth, the grantor must be legally competent.  Fifth, the deed must be signed by the grantor or the grantor’s legal representative. Sixth, the deed must be delivered to the grantee and it is effective upon delivery.  For example, if a grantor signs a deed and it is delivered, and then the grantor dies before the deed is recorded with the County recorder, the transfer is still valid because it was delivered.

Is not necessary for the deed to be recorded with the County recorder and it is not necessary for the signature of the grantor to be acknowledged by a Notary Public. However, deeds are typically recorded and before they can be recorded they must have the signatures acknowledged by a Notary Public.  In a normal house sale situation which is done through an escrow company and/or in connection with real estate attorneys, all signatures are acknowledged by Notary Public and the deed is recorded. However, in some estate situations people sign deeds before they can get to a Notary Public or deeds don’t get recorded when they were supposed to have been recorded and so litigation can arise to determine if the deed is valid and if it actually transfers legal ownership of the property in question.

Also, it is not necessary for there to be legal consideration or payment as part of the transaction for the deed to be valid. An example of this is a gift deed whereby parents transfer of property to their children for no consideration which means no payment.

COMMON TYPES OF DEEDS

There are subcategories of valid deeds, depending upon the words of conveyance.  The most widely used deed is a “grant deed”.  The words of conveyance in a grant deed states that the grantor is granting the specified property to the grantee. The law implies that the grantor owns the property being conveyed, has not conveyed the same property to anybody else and that the property is free of encumbrances placed on the property If there are encumbrances on the property there would be additional words stating that the grant is ”subject to all liens and encumbrances”.

Another common form of deed is a ”quitclaim deed”. The operative words of conveyance in a quitclaim deed are typically that the grantor “remises, releases, and quitclaims” the property. It transfers only whatever legal or equitable interest the grantor has at the time the deed is executed and doesn’t imply that the grantor actually owns the property.  A quitclaim deed is typically used in a divorce property settlement or in other circumstances where it is necessary to make sure that the grantor doesn’t claim any interest in the property at some future time. In the context of estate planning, as well as in divorce settlement, lawyers and title insurance companies often want a spouse who actually has no ownership in a particular piece of property to sign a quitclaim deed just to make sure. Another example would be a situation where a married person inherited a property from his parents and was owned as his sole and separate property and then was going to sell the property. As part of the sale transaction, the spouse of the seller would need to sign a quitclaim deed so that the buyer could be assured that the spouse would not later be making a claim to the property.

Example of a Quitclaim Deed

Example of a Quitclaim Deed

REASONS FOR RECORDING DEEDS

These are typically recorded to provide notification to the general public as to who owns a particular property. The recording also notifies the property tax authorities as to who is responsible for paying the property taxes. These are also recorded to prevent fraud or double sales of the same property. Recording is important especially to the grantee so that the grantor is prevented from effectively transferring the same property to a different person. Under California law, once a property deed is recorded, it is considered notification to all the world of the transfer. For example, if a grantor delivers a deed to grantee #1 today and grantee #1 records the deed today then grantee #1 is safe from the grantor fraudulently getting a deed to somebody else.  Thus, if the grantor gives another deed to the same property to grantee #2 tomorrow, that person receiving the deed tomorrow is considered to have legal notice of the recording that was done today by grantee #1 and therefore cannot claim valid ownership of the property. Grantee #1 does not have to prove that the grantee #2 somehow had actual knowledge of the sale or transfer to grantee #1. That is the point of the law that says that the recorded deed has in effect notified the grantee #2 so the grantee #2 cannot possibly claim legal ownership.

STATUS OF THE GRANTEE

Because California law respects and designates between community property and separate property of married persons and for other reasons the status of the grantee is recited in the deed.  It is customary to show the marital status of the grantee and described them as husband and wife if the property is to be community property. Other common status designations are: an unmarried man or woman; husband and wife; a married man or woman as his or her separate property; and as a trustee of a trust. A proper status designation is always required by title companies.

NATURE OF THE ESTATE

Unless otherwise specified, a deed is presumed to pass ownership in fee (in full) without any restrictions. Other estates that can be transferred by these are life estates, estates for years and estates at will. Any of these latter types of estates have to be very carefully defined in the deed so that it is possible to determine what the grantee is receiving and for how long and under what restrictions or conditions. Also, if there are multiple owners of the property they should be specified as well and the type of ownership needs to be stated. Multiple ownership may be as joint tenants, as tenancy in common, as community pr operty, or as partnership interests. These words have special legal meaning in the law. People owning as joint tenants are under the arrangement that when one of them dies the other obtains ownership of the property 100%. People owning as tenants in common are under the arrangement that the share owned by each is transferred to that person’s heirs upon their death. People owning as community property are somewhat akin to owning as joint tenants in that upon the death of one of the married owners, the other succeeds to 100% ownership of the property.

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Estate planning considerations.

When people rearrange their affairs to establish a living trust, the legal titles to their real estate are typically taken out of being joint tenants or being owned as community property.  The property in a living trust is typically owned by the trustees under the living trust so that the instructions for property ownership succession in the living trust are followed. For example, if a person owned a  property in joint tenancy with his brother, and then he establishes a living trust to leave his ½ to his wife, but failed to put his ½ of the property into the trust, when he dies he brother would get the property.  The heirs of the deceased person mentioned in the trust would not get any part of the property since the property was not put into the trust and was still in joint tenancy as of the date of death.  Part of a typical estate planning set up is to thoroughly discuss how the legal title is to be held to all properties involved in the trust and usually properties are taken out of joint tenancy ownership.

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Transfer on Death/TOD Deed: What It Is and When to Use It

Dalia Ramirez

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Table of Contents

How does a transfer on death deed work? 

Which states recognize transfer on death deeds, how do you set up a transfer on death deed, advantages of a transfer on death deed, problems with transfer on death deeds, alternatives to a transfer on death deed.

A transfer on death deed is a property deed that automatically transfers ownership of an asset to a specified beneficiary when the owner dies. The objective is to avoid having the asset go through probate, a court-supervised process that distributes a person's assets after death.

A TOD deed is relatively simple and inexpensive to set up, unlike trusts , which can work similarly to protect your assets from probate. 

Here's what to know about transfer on death deeds and how to set one up.

» Not sure how to start your estate planning?  Here's a 7-step checklist

With this type of deed, you'll designate a beneficiary who will automatically own the property upon your death.

If you don't live in a state that allows TOD deeds, but own property in a state that does allow TOD deeds, you might still be able to use a TOD deed — but check with an estate planning lawyer .

You typically can still use the property as you wish while alive. A TOD deed generally does not affect the current owner's rights. The beneficiaries don't have access to assets until the owner dies [0] Cornell Law School Legal Information Institute . Transfer-on-Death (TOD) . Accessed Mar 10, 2023. View all sources .

You (and, depending on where you live, a person to whom you give power of attorney ) can change or revoke the TOD deed while you're alive.

Depending on where you live, you may be able to name a contingent beneficiary in case your first beneficiary dies before you do.

TOD deeds are available in several U.S. states and the District of Columbia. These states allow TOD deeds: Alaska, Arizona, Arkansas, California, Colorado, Hawaii, Illinois, Indiana, Kansas, Maine, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Virginia, Washington, West Virginia, Wisconsin and Wyoming. In addition, Ohio has a TOD affidavit rule similar to a TOD deed [0] American College of Trust and Estate Counsel . Transfer on Death Deeds Survey . Accessed Mar 10, 2023. View all sources .

TOD deeds typically include the following, though specific requirements may vary by state.

A legal description of the property.

The names of the grantor (the current owner/owners).

The names of the intended beneficiaries.

According to state law, language that specifies a transfer to the "grantee beneficiary" upon the death of the owner.

Notary provisions or witness signatures, depending on the state requirements.

Registration and filing with your county property records (there may be a small fee).

Some states may offer specific transfer on death deed templates for free download. However, if you want extra help or professional advice about whether this deed is right for you, consider hiring an estate planning attorney.

» MORE: How charitable trusts work

Avoid probate . Property with a TOD deed typically does not have to pass through the probate process to transfer to its beneficiaries. In some states, probate is a long, expensive process and can subject your assets to additional taxes.

Avoid federal gift tax paperwork . Giving away property while alive may count as a gift in the eyes of the IRS and may require the giver to file a gift tax return . TOD deeds may avoid this by transferring the property after you die.

Maintain Medicaid eligibility . You may not qualify for full Medicaid benefits if you've transferred property during the five years before applying. Property with a TOD deed doesn't count as an instant transfer of the property and thus shouldn't affect your eligibility [0] UNT Dallas College of Law . How A Transfer On Death Deed Affects Medicaid Benefits . Accessed Dec 19, 2023. View all sources .

It might prevent property from being used to repay Medicaid benefit costs . For example, U.S. federal law allows states to claim a person's property after death to recover Medicaid costs for long-term medical care. However, in some states, property with TOD deeds may not be part of your estate and can't be claimed by Medicaid.

» MORE: Why joint tenants with right of survivorship (JTWROS) status can avoid probate too

Creditors may come after the new owner(s) of the property. State laws vary, but if the decedent had any debt, creditors typically have a set period of time to file a claim on the decedent's assets, even if those assets have been transferred to someone else. This can make it hard to get title insurance on the property immediately, which can in turn make it hard to sell the property [0] For example, State Bar of Montana . You’ve been warned: Lurking issues remain with transfer on death deeds . Accessed Dec 19, 2023. View all sources .

Beneficiaries may get equal shares of the asset. In some states, such as California, multiple beneficiaries on TOD deeds can't inherit unequal shares of the property, and you can't name a backup beneficiary [0] California Law Revision Commission . Revocable Transfer on Death Deed: Follow-Up Study . Accessed Dec 19, 2023. View all sources . In addition, your estate plan may be too complex for a TOD deed if you have multiple children to whom you'd like to pass property.

Not available in many states. If you live in a state that doesn't allow TOD deeds, you'll need to find an alternative estate planning method.

Unintentional disinheritance. If the owner doesn't update the transfer on death deed after the birth of a new child or grandchild, someone might be excluded inadvertently when the owner dies.

Raises the risk that estate planning documents don't match. Things can get tied up in probate court if the transfer on death deed indicates that a property should go to one person but the will says it should go to someone else.

May create uncertainty if a beneficiary dies before the property owner does. If that occurs, questions may arise about whether the beneficiary's heirs inherit the beneficiary's share or if the property should be divided among the surviving beneficiaries.

» MORE: What is an advance directive?

Lady bird deeds . Also called enhanced life estate deeds, these deeds allow owners to maintain control of the property until death, when the property automatically transfers to a beneficiary without going through probate. They're only available in five states — Florida, Texas, Michigan, Vermont, and West Virginia — and are often used to maintain Medicaid eligibility.

Revocable living trusts . These trusts remove assets from your estate so they can bypass probate upon your death. Living trusts can give you continued control over the asset during your life, but they can be more expensive and complex to set up than a deed. Living trusts are not the same as living wills.

Life estate deeds are available in most states and keep your property out of probate but require your beneficiaries' permission to make any changes.

Wills . These can include property transfers but may undergo probate after your death.

On a similar note...

what does a deed of transfer look like

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What is a deed of transfer, and how is it different from a title deed?

A deed of transfer, also known as a transfer deed or a conveyance deed, is a legal document used to transfer the ownership of real property from one party (the grantor or seller) to another party (the grantee or buyer). This document is a crucial part of the property transfer process and is typically used in real estate transactions. So, is a deed of transfer the same as a title deed in South Africa ?

transfer deed

A title deed is a document that provides the historical record of ownership and serves as proof of current ownership. The title deed is updated and maintained by the deeds office , and the deed of transfer is the document that initiates the process of changing ownership and is prepared by a conveyancer or attorney .

Contents of a deed of transfer

A deed of transfer typically includes the following key elements:

what does a deed of transfer look like

How to change the name on property title deeds in South Africa in 2024

Identification of the parties

The document identifies the parties involved in the transaction, including the names and addresses of the grantor and grantee.

Property description

It provides a detailed description of the transferred property, including its legal description, boundaries, and relevant identifiers like property tax or parcel numbers.

Consideration

The deed may include the purchase price or any other consideration exchanged for the property, typically stated in monetary terms.

Covenants and warranties

Deeds often include various covenants and warranties, promises and guarantees made by the grantor to the grantee. These may consist of covenants of title, quiet enjoyment, and against encumbrances, among others.

deed of transfer in south africa

The deed requires the signatures of both the grantor and grantee, indicating their consent to the transfer.

Acknowledgement

Many jurisdictions require the deed to be acknowledged or notarized to make it legally valid. This involves the grantor appearing before a notary public or authorized official to confirm their identity and sign the document.

what does a deed of transfer look like

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Delivery and acceptance

The deed must be delivered to the grantee and accepted by them to complete the transfer. Depending on local laws, this step may involve physical delivery of the document or other legal procedures.

The deed must be recorded with the deeds office. Recording the deed provides public notice of the change in ownership and protects the grantee's interests.

What is a title deed?

A title deed is a legal document that serves as evidence of ownership and transfers the ownership of real property from one party to another. It is a fundamental document in real estate transactions used to establish and verify ownership rights to a particular piece of real estate, such as land or a house.

what is a deed of transfer

Deed of transfer vs title deed

A deed of transfer and a title deed are related documents in real estate transactions. Still, they serve different purposes and have distinct roles in transferring ownership of real property. Here are the key differences between them:

what does a deed of transfer look like

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A deed of transfer is primarily a legal instrument used to transfer ownership of real property from one party to another. The document facilitates the transfer of the property's ownership rights from the seller (grantor) to the buyer (grantee).

A title deed, also known as a property deed, is not typically a standalone document like the deed of transfer. Instead, it is a term used to refer to the collective set of legal documents that establish and verify ownership rights to a particular piece of real estate. These documents include the deed of transfer and other records related to the property.

A deed of transfer includes specific information about the property being transferred, the names and addresses of the parties involved, the purchase price or consideration, legal descriptions of the property, covenants and warranties related to the title, and signatures. It outlines the legal steps and assurances necessary for the transfer.

what does a deed of transfer look like

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In a broader sense, the content of a title deed includes the deed of transfer and any other relevant documents related to the property's history, ownership, and title, such as previous deeds, liens, encumbrances, and property tax records.

what is the difference between deed of transfer vs title deed

Legal function

The deed of transfer is a legally binding document that conveys the property's title from the seller to the buyer. It may contain various warranties and covenants related to the title and the property.

The title deed, as a concept, represents the entire chain of documents that establish and verify the ownership of the property. It provides a complete historical record of the property's ownership and is used to prove and protect the grantee's ownership rights.

What is transfer duty in South Africa?

This is a tax the South African government imposes on transferring immovable property, such as real estate. This tax is paid by the buyer or transferee and is intended to generate government revenue while regulating property transactions. Transfer duty is governed by the South African Revenue Service (SARS).

what does a deed of transfer look like

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Key points to understand about transfer duty in South Africa:

Applicability

Transfer duty is applicable when property is bought or transferred. It is based on the value of the property being transferred.

Rate structure

The rate at which transfer duty is levied depends on the property's value and is calculated according to a progressive scale, with higher rates applied to more valuable properties.

Exemptions and concessions

Some transactions may be exempt from transfer duty or eligible for concessions. For example, certain transactions involving agricultural land or primary residences may qualify for reduced rates or exemptions. It is essential to consult with a tax professional or conveyancer for specific details.

Is a deed of transfer the same as a title deed in South Africa?

The buyer is responsible for paying the transfer duty. It is typically paid to the South African Revenue Service (SARS) within six months of signing the sale agreement. Failing to pay transfer duty on time can result in penalties and interest charges.

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Conveyancers

In property transactions in South Africa, conveyancers play a crucial role. They assist with the legal aspects of the property transfer, including the calculation and payment of transfer duty, ensuring that the process adheres to all legal requirements.

Changes in legislation

Due to government policy changes, transfer duty rates and regulations can change over time. Therefore, it is essential to consult the most recent tax regulations or seek advice from tax professionals when involved in a property transaction.

Can you transfer property without a lawyer in South Africa?

In South Africa, it is possible to transfer property without the direct involvement of a lawyer, but it is not recommended. Property transactions in South Africa can be legally complex, and it is generally advisable to use the services of a qualified attorney or conveyancer to ensure that the process is handled correctly, efficiently, and in compliance with the law.

what does a deed of transfer look like

Top details about the letter of authority South Africa

How do I transfer ownership of a property in South Africa?

How do I transfer ownership of a property in South Africa?

Transferring property ownership in South Africa involves several steps and legal requirements. The process typically includes the following key steps:

Selecting a conveyancer

Appoint a conveyancer or attorney who will handle the legal aspects of the property transfer. Conveyancers are specialized legal professionals in property transactions. They will guide you through the process, ensure legal compliance, and protect your interests.

Drafting and signing the sale agreement

The seller and buyer (or their respective agents) draft a sale agreement outlining the property sale terms and conditions. This document should include details such as the purchase price, conditions of the sale, timelines, and any special conditions. Both parties must sign the sale agreement.

Title deed and property searches

The conveyancer conducts title deed and property searches to verify the property's ownership history, any encumbrances, and the current status of the title. The seller should provide the conveyancer with the property's title deed and other relevant documents.

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Transfer duty and taxes

The conveyancer will calculate the transfer duty (if applicable) based on the property's value. This is a tax paid by the buyer. The buyer must pay the transfer duty to the South African Revenue Service (SARS) within six months of signing the sale agreement.

Preparation of documents

The conveyancer will draft the necessary legal documents, including the deed of transfer, transfer duty declaration, and other relevant paperwork.

Can you transfer property without a lawyer in South Africa?

The signing of transfer documents

Both parties (seller and buyer) will sign the transfer documents before a commissioner of oaths or a notary public. The documents typically include the deed of transfer.

Payment and transfer of funds

The buyer must pay the purchase price, transfer costs, and transfer duty to the conveyance. The conveyancer will ensure that all funds are correctly distributed to the relevant parties, including the seller, bondholders, and local authorities.

Submission to deeds office

The conveyancer submits the transfer documents to the deeds office in the province where the property is located.

what does a deed of transfer look like

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Processing and registration

The deeds office will process the transfer documents, conduct a final examination, and register the transfer of ownership if all requirements are met. Once registered, the deeds office issues a new title deed reflecting the buyer as the new owner.

The above is everything you need to know about the deed of transfer and how it differs from a title deed. Property transfer may vary based on the unique circumstances of the transaction and local regulations. Therefore, it is highly recommended to engage the services of a qualified conveyancer or attorney to ensure a smooth and legally compliant property transfer process.

DISCLAIMER: This article is intended for general informational purposes only and does not address individual circumstances. It is not a substitute for professional advice or help and should not be relied on to make decisions. Any action you take upon the information presented in this article is strictly at your own risk and responsibility!

what does a deed of transfer look like

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READ ALSO: How to check title deeds in South Africa: meaning and offices

Briefly.co.za recently published an article on how to check title deeds in South Africa. A title deed is one document any landowner should have to prove land ownership.

One should learn to check title deeds to prove this legal document's authenticity. The process may differ depending on your area of residence in South Africa. The bottom line is that the process is easy and can spare you legal drama.

Source: Briefly News

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Erika Benson

Deed of Gift: 10 Things (2024) You Have to Know

Do you want to pass your land or other property onto your family members without charging them any money?

Well, it sounds like you need a deed of gift.

This document is a deed created out of love and affection rather than monetary reward.

You’re not expecting any financial gain in exchange, but both you and the individual you’re gifting or donating the property to will sign the deed as acknowledgment.

This can ease future legal hurdles.

Here’s what you should know about a deed of gift.

1. What is a deed of gift?

A deed of gift (also known as a gift deed) is a legal document transferring property to another individual or entity as a gift.

A gift may be transferrable and tangible moveable or immovable properties.

Although these types of gifts are often real estate, they can extend to other types of items, including money, securities, or personal properties.

You may also choose to use a deed of gift to make a donation to a charity or non-profit organization.

It records the act of the individual making the gift (donor) to the person receiving it (recipient).

This is not a required step when donating an asset.

However, it does make the process legally documentable.

Both the donor and the recipient sign the document.

2. How does a deed of gift work?

Are you interested in creating a gift deed?

Here is a general overview of how the process works.

Step #1: Intent and decision

Before the deed of gift is drafted, the donor must have the intention of gifting the property.

The transfer of ownership to the recipient must be a conscious, clear, and voluntary decision.

Step #2: Drafting the gift deed

Either the donor or their legal representative will draft the deed of gift.

We do not recommend drafting it yourself.

Seek the assistance of a qualified attorney to ensure the deed aligns with all legal requirements and includes necessary details.

Step #3: Essential elements

For your deed of gift to be legally valid, it must contain:

1. Identification information for both the donor and recipient

Names, addresses, and relationships (if applicable) of both parties.

2. Description of the property

Details to identify the property being gifted such as address, boundaries, and legal description .

3. Statement of gift

A clear statement indicating the intention to donate the property to the named recipient without any hesitation.

4. Acceptance by the recipient

Either a signature or explicit acceptance clause from the recipient should indicate their acceptance.

Step #4: Execution and notarization

The deed of gift must then be signed and executed by the donor in the presence of witnesses and a notary public.

The number of witnesses and notarization requirements will vary based on local laws.

Step #5: Delivery and acceptance

The deed must be both delivered and accepted for it to be legally effective.

Delivery allows the physical possession of the deed to be transferred to the recipient.

This indicates the donor’s intention to transfer ownership.

The recipient’s acceptance demonstrates their willingness to receive the gift.

Step #6: Registration

Most jurisdictions will require that the deed of gift be registered with the appropriate government authority.

This authority is often the county recorder’s office or land registry.

This registration not only serves as public notice but also helps establish legal ownership.

Step #7: Transfer of ownership

Ownership of the property is official after the gift is executed, delivered, accepted, and registered.

The donor will no longer have any legal rights or interest in the gift property.

3. What is the importance of a gift deed?

A gift deed is important because it facilitates the transfer of property ownership from one person to another without the need for monetary exchange.

Here is why a deed of gift is most significant to landowners.

Transfer of property

Using a deed of gift allows landowners to transfer property to a chosen recipient as a gift.

You can use this type of deed to legally convey ownership rights without the need for a sale or monetary consideration.

Estate planning

As a landowner, you can use this kind of deed to distribute your assets throughout your lifetime and make sure there’s a smooth transition of property to intended beneficiaries.

When you make gifts through a deed, you can reduce the complexities and costs associated with probate after you pass away.

Family succession and support

Deeds of gift are often used to pass down property to family members like children or grandchildren.

If you’d like to provide financial support to your family members or create a legacy that will live on for many generations, this is one way to do it.

You can use gift deeds as a way to plan for the transfer of your property to your family and ensure it remains in the possession of your close relatives.

Tax planning and benefits

In some jurisdictions, gift deeds will have tax benefits for landowners.

If you plan your taxes properly, you can use the deed to minimize estate taxes, gift taxes, and other transfer taxes.

We recommend consulting all of these details with a tax professional.

Personal relationships and charitable giving

Deeds of gift are a way to foster personal relationships and contribute to philanthropic endeavors.

Through these deeds, you can gift property to friends, relatives, and charitable organizations.

Avoidance of probate

If you use a gift deed to transfer property to your loved ones, you may be able to bypass the probate process.

Probate is when the court validates a will and oversees the distribution of assets.

This is a time-consuming and costly process that most people hope to avoid if possible.

Asset protection

A deed of gift can be a strategy to protect assets from potential creditors or legal claims.

If you transfer the ownership of your property through this type of deed, you will separate your assets from personal liabilities.

Just like other types of legal documents or proceedings, the implications of this type of deed can vary depending on your jurisdiction or circumstances.

We recommend consulting with attorneys or real estate professionals to fully understand the implications and make informed decisions.

4. What terms should you understand when learning about a deed of gift?

Familiarize yourself with the following terms if you’re interested in creating a gift deed.

Donor: The individual giving the gift

Recipient: The individual receiving the gift

Agent: The individual that will follow the directions of the donor to administer the gift

Agents are not required, but they are necessary in certain situations like if a minor is the recipient.

5. What are the different types of a deed of gift?

There are two types of gift deeds that you should be aware of before creating one.

You’ll need to designate which one you’re making before doing so.

  • Revocable : When a donor uses a gift deed to signify the future intention to give a gift
  • Irrevocable : When a donor uses a gift deed to transfer property as soon as the document has been signed and delivered to the recipient

6. What information should I include?

When you create a deed of gift, be sure to include the following information:

The receiver of the gift or recipient

Whether the gift is revocable or irrevocable

The type of gift (monetary or non-monetary)

Information about the donor

Information about the agent

7. What are the advantages of a deed of gift?

There are numerous advantages for landowners interested in using deeds of gifts.

Here’s what you’ll want to consider.

Property transfers

As noted above, a deed of gift allows donors a legal mechanism to transfer ownership of property from one person to another.

When you use this document, you do not need to sell the property or account for other monetary considerations.

Estate planning and wealth transfers

Estate planning can be challenging.

Individuals attempt to find ways to distribute their assets in a financially beneficial manner that also isn’t time-consuming for the recipient.

If estate planning and wealth transfers aren’t strategically considered, then probate is necessary.

Read about this process in the next section.

Overall, when you use a gift deed, you (as a donor) are able to effectively manage your estate and potentially reduce the complexities and costs associated with the transfer upon your passing.

Probate is the legal procedure by which a court validates a will, settles debts, and distributes assets after a person dies.

When you transfer property through a gift deed, you may be able to avoid probate altogether.

This is the goal for many people who have estates and wealth to pass on to their loved ones.

Probate is an expensive and time-consuming process.

If you know who you want your property to go to in advance, there’s no reason for it.

Tax advantage and planning

Both donors and recipients can benefit from gift deeds depending on the jurisdiction.

Donors are able to potentially reduce their taxable estate, lower their estate tax liabilities, and maximize their lifetime gift tax exemptions.

Likewise, recipients can benefit by potentially inheriting property on a stepped-up basis.

This can minimize capital gains tax if the property is later sold.

To understand the tax advantages of using a deed of gift, do research for your specific jurisdiction.

Family succession and financial support

Passing property down to loved ones can be a way to support them financially.

Using a deed of gift allows you to keep the property in the family and support the financial well-being of the future generation.

Asset protection and medical planning

When you transfer ownership of property using a deed of gift, you separate your assets from your personal liabilities.

This allows you to potentially protect them from creditors.

As a result, many individuals will use them as a way to protect their assets.

You can also couple it with a Medicaid planning strategy if you want to try to qualify for these benefits by reducing your countable assets.

Clear intent and ownership

A gift deed is a legally binding document that establishes clear intent and ownership of the property in question.

In the future, it can be used to prevent disputes or clarify any confusion regarding the property’s ownership.

8. What are the disadvantages?

There are only a couple of drawbacks to using a deed of gift.

However, you should understand them as a precaution.

For one, gift deeds cannot be revoked after execution.

This means you cannot take them back.

For donors who intend to give a gift in the future (revocable), this is often not an issue.

However, if complications arise between the donor and recipient after an irrevocable gift deed is used, then it may be frustrating for the donor.

They may desire to get their property back, and this isn’t possible.

Additionally, gift deeds have additional costs in the form of stamp duty.

These fees vary from state to state, so it’s worth doing additional research to see what it will cost you.

9. What documents are related?

While you’re learning about gift deeds, you may also hear references to the following legal documents.

These documents are similar in purpose or usage to deeds of gift.

However, they are not the same.

We’ll define their usage below.

Quitclaim deed : This document transfers property interest to family members.

Survivorship deed : This document creates a joint tenancy in a piece of real estate between two or more individuals.

Warranty deed : This document shifts an unrestricted title to a property without encumbrances or constraints. You may also hear it called a general deed.

Beneficiary deed : This document expresses property interest in the event of the owner’s death.

Last will and testament : This document defines how assets will be allocated following the owner’s death.

Codicil: This document is used to make amends or additions to a will.

10. How does a deed of gift impact the transfer of title?

A deed of gift legally transfers the ownership of property from the donor to the recipient.

The donor will relinquish their right to the property.

The deed will serve as evidence of their intent to gift the property, and thus, it will legally transfer the title to the recipient.

The gift deed is a legal document and establishes a clear chain of title by documenting the transfer of ownership.

You must record or register gift deeds with the appropriate government authority (i.e., county recorder’s office or land registry).

Furthermore, the deed doesn’t only transfer the title.

It also conveys the rights and interests associated with the property.

This includes the right to possess, use, and enjoy the property.

The recipient of the deed will enjoy any benefits associated with the property like rental income or property improvements.

Since gift deeds cannot be revoked, donors must make sure this is the right decision ahead of time.

Recipients should do some due diligence prior to signing the deed.

They should conduct a title search to identify any existing liens , encumbrances , or other legal issues.

Additionally, they should research the transfer taxes associated with gift deeds in the jurisdiction where the property is.

Finally, it is highly recommended that they obtain title insurance when transferring property in this manner.

This type of insurance protects the recipient from any undisclosed or unknown title defects.

Final Thoughts

A deed of gift is a stellar tool for any landowner hoping to pass their land or property onto a family member or close friend.

Whether you want to pass the property onto them now or when you die, using this legal document offers strategic estate planning, tax advantages, and the opportunity to avoid probate.

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Disclaimer: we are not lawyers, accountants or financial advisors and the information in this article is for informational purposes only. This article is based on our own research and experience and we do our best to keep it accurate and up-to-date, but it may contain errors. Please be sure to consult a legal or financial professional before making any investment decisions.

Do you want to pass your land or other property onto your family members without charging them any money? Well, it sounds like you need a deed of gift. This document is a deed created out of love and affection rather than monetary reward. You’re not expecting any financial gain in exchange, but both you and the individual you’re gifting or donating the property to will sign the deed as acknowledgment. This can ease future legal hurdles. Here’s what you should know about a deed of gift. 1. What is a deed of gift? A deed of gift (also known ... Read more

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  1. What You Need to Know about Deeds and Property Transfer

    Property Abstracts Create a Deed or Deed Transfer Transferring Property by Deed: The Basics The transfer process happens by way of deed. A property deed is a formal, legal document that transfers one person or entity's rights of ownership to another individual or entity.

  2. 9 Types of Deeds Used to Transfer Ownership

    Deeds are legal documents that transfer property ownership from one party to another — or, in legal terms, from the grantor to the grantee. Each type of deed serves a specific legal purpose depending on the known and unknown history of the property, the existence of a lien, or other encumbrance on the property like a mortgage.

  3. Property Deed Basics

    This includes: The new owner (grantee) The previous owner (grantor) The land's location and boundaries (property description) Encumbrances, if any (limitations on how the land may be used) A chain of well-written deeds will allow you to track the property all the way back to the original owner.

  4. House Deed: Defined And Explained

    A deed for a house - sometimes known as a property deed - is a written document, typically drawn up by a real estate attorney, that moves property ownership from the seller (grantor) to the buyer (grantee). House deeds are important because they show who has legal ownership interest in a property.

  5. Understanding Property Deeds

    Key Takeaways A property deed is a legal document that transfers the ownership of real estate from a seller to a buyer. For a deed to be legal it must state the name of the buyer and the...

  6. What is a Property Deed? Everything You Need to Know

    A property deed is a signed legal document that is used to transfer the ownership of real property. By using the property deed instrument, the current owner of a property can legally grant ownership of the property to a new owner.

  7. House Deed vs Title: What's the Difference?

    A document used for property transfer. A deed is the legal document that conveys the title from seller to buyer. "I always tell people that a deed is the document that you physically hold in your hand," explains Brost, the Milwaukee-area real estate agent. "It's the piece of paper that states that you own the property and that gets ...

  8. House Deeds and Property Deeds

    Last updated July 19, 2022 In this article Deeds and Titles What Does a House Deed Look Like? What Is a Property Deed Transfer? What Are the Different Types of Deeds? To transfer real property, buyers and sellers use legal documents called deeds to carry out a change in title.

  9. Conveyance: Property Transfer Examples and FAQs

    Conveyance is the act of transferring an ownership interest in real property from one party to another. Conveyance also refers to the written instrument, such as a deed or lease that transfers ...

  10. House And Property Deeds: A Buyer's Guide

    A house deed is a legal document that transfers ownership from the former owner - legally referred to as "the grantor" - to the new owner - or "the grantee.". House deeds, also referred to as property deeds or real estate deeds, are typically drawn up by a real estate attorney. In most states, the grantor will be required to get ...

  11. How to Transfer a Real Estate Deed

    ( iStock) Finance How to Transfer a Real Estate Deed By Angela Colley Feb 25, 2014 Are you selling your house and need to transfer ownership? Are you headed into retirement and want to give...

  12. House Title: What You Need To Know

    Remember that a house title refers to the legal ownership of a property. It's not a document. If you hold title on a property, you own it. A property deed is the legal document that officially transfers ownership of the property from its previous owner to its new one. When you buy a house, the seller (also known as the grantor) will sign this ...

  13. House Deed: What to Know About Property Deeds

    The deed to a house is a legal document that transfers ownership from the former owner (the grantor) to a new owner (the grantee). House deeds are often called property deeds and are a crucial part of the closing process in any real estate transaction. They are typically transferred at the time of closing. Deeds are the primary way homebuyers ...

  14. What Is A Property Deed?

    A property deed, or a house deed, is a legal record that indicates or transfers the ownership of a property, such as a home or land. The deed documents the ownership of the property, and...

  15. Property Deed: What Is It?

    A property deed is a physical legal document used to transfer ownership of real property between parties. Where title is the concept of ownership rights, a deed is the physical proof. These deeds are filed with the local government and are kept as public record. There are many types of property deeds, each with its own unique use - from ...

  16. Deeds to Real Estate

    A deed is the legal name for the document which transfers ownership of real estate. California state law has specific requirements for a deed to be valid. In a typical home sale or transfer, the deed will be prepared by the escrow company or by the attorney handling the transfer. Further, in a typical sale, there is title insurance paid for by ...

  17. Transfer on Death (TOD) Deed: What It Is, Uses

    A transfer on death deed is a property deed that automatically transfers ownership of an asset to a specified beneficiary when the owner dies. The objective is to avoid having the asset go through ...

  18. Types of Deeds in Washington State

    Bargain and Sale Deed. A bargain and sale deed in Washington would be called a special warranty deed in many other states. By using a bargain and sale deed, the grantor makes some promises regarding title, but the covenants only relate to the period that the grantor owned the property. Thus, the grantor promises (1) that he or she is the owner ...

  19. Connecticut Deed Forms

    Connecticut deeds are used to convey or transfer real estate from one person or entity to another. There are different types of deeds depending on the situation. Some deeds provide a form of warranty from the grantor (seller) to the grantee (buyer) that there is no one else who can claim an interest in the property.

  20. Overview of Transfer on Death Deeds

    The transfer on death (TOD) deed or beneficiary deed looks similar to a regular real estate deed, such as the one that transferred the house to you when you purchased your home. The TOD deed names the current owner, designates the new owner at your death (the "beneficiary"), and identifies your property.

  21. Michigan Deed Forms

    A Michigan deed is a legal document used to convey property from an owner to a purchaser in Michigan. The person selling the property is often called the "grantor" while the person buying the property is called the "grantee". There are different forms of deeds depending on the situation involved. Warranty deeds come with some type of ...

  22. What Is A Deed Of Reconveyance?

    The deed legally transfers the title of the property from your mortgage lender to you and prevents the possibility of a lender later coming back to make a legal claim on your home and foreclose on it.

  23. What is a deed of transfer, and how is it different from a title deed

    A deed of transfer, also known as a transfer deed or a conveyance deed, is a legal document used to transfer the ownership of real property from one party (the grantor or seller) to another party (the grantee or buyer). This document is a crucial part of the property transfer process and is typically used in real estate transactions.

  24. Transfer on death deed: What is it & when can you use it?

    Key takeaways Transfer on death deeds are allowed in more than half of the states. A TOD deed shouldn't take the place of writing a will and it cannot be altered by one. TODs let the property avoid probate but it may not provide additional protections. You can create a transfer on death deed for free to create and you can revoke it at any time.

  25. Deed of Gift: 10 Things (2024) You Have to Know

    Well, it sounds like you need a deed of gift. This document is a deed created out of love and affection rather than monetary reward. ... Irrevocable: When a donor uses a gift deed to transfer ...

  26. Manage your Microsoft 365 subscription or Office product

    If you selected My Microsoft account, the Microsoft account dashboard will open.This is where you manage your Microsoft account and any Microsoft products associated with this account. On the Microsoft account dashboard, select Services & subscriptions to view all Microsoft products associated with this account. For non-subscription versions of Office (such as Office 2013 and later):

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    Donald Trump's $355 million civil fraud judgment could squeeze the former U.S. president's cash reserves in the coming months and sharply limit his ability to obtain credit.