A deed is a legal document that transfers property from one party to another. When a house is sold between complete strangers or when a house is gifted from a parent to a child a deed is typically used to transfer the title of the property and the property from one person to another. Essentially a deed is a piece of paper that signifies a piece of land or property belongs to the individual named in the deed. There are several components to a deed and different types of deeds as well and we’ll explain everything below.
Components of a Deed
Probably the most important part of the deed is the legal description of the property. The legal description of the property details where exactly the property is and details its boundaries. For instance, in an urban setting the legal description of the property would detail on which lot the property sits and on which block.
Another very important aspect of all deeds is the naming of the person transferring the property and the name of the person receiving the property. The person transferring the property is known as the “grantor” and person receiving the property is known as the “grantee.” Most deeds will contain the addresses of the grantor and grantee listed in the deed. Finally the most important part of the deed is the transfer or conveyance of the property which is basically a statement from the grantor stating that he is transferring the property to the grantee.
Types of Deeds
There are two types of deeds: the quit claim deed and the warranty deed.
A warranty deed is used in most real estate sales transactions to transfer property from the seller to the buyer. With a warranty deed, the grantor is warranting that he is the rightful owner of the property and owns the title and property free and clear. A warranty deed also warrants that there are no outstanding claims on the property and that the property cannot be claimed by anyone else. Typically a title company will be used to back the claims of the warranty deed to protect the buyer and lender. With a warranty deed, if any of the claims are wrong the grantor can be held liable.
A quit claim deed, on the other hand, makes no such claims or warranties. With a quit claim deed the grantor is not warranting that he owns the property but merely stating that he is transferring whatever interest he has in the property to the grantee. Quitclaim deeds don’t offer anywhere near the protection that a warranty deed does and this are rarely used in real estate sales transactions.
To be clear, a quitclaim deed (sometimes erroneously referred to as a quick claim deed or quit claim deed, does not warrant that the grantor owns the property or that the property is free from debt. There is also no warranty that another claim does not exist on the property. Quitclaim claim deeds are typically used in the following situations:
- To remove clouds from a title
- To transfer property to family members
- To remove/add persons from a title which typically happens after a marriage or divorce
- To transfer personal property to a business entity such as a corporation or LLC



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