When you locate a parcel of land for sale that you want to purchase, the document used to make the transfer of the land from the seller (grantor) to the buyer (grantee) is called a deed. There are several different types of deeds that are used depending on the circumstances and conditions of the sale or transfer of the land. Every deed, regardless of its type, is considered a legal instrument. Every deed includes the names of the people involved in the transaction, a description of the property and the signature of the party that is transferring the real estate property.
The three most common types of deeds used in the sale of real estate are Warranty Deeds, Quitclaim Deeds and Grant Deeds. There are two types of Warranty Deeds, General Warranty Deeds and Special Warranty Deeds. A General Warranty Deed provides the buyer with the most protection while a Special Warranty Deed does not provide the buyer with the same degree of protection. A General Warranty Deed transfers the property ownership to the buyer in along with additional promises. A warranty deed promises that the seller, or person transferring the property, has clear title to the parcel. This means the title is considered good and is free of any other claims of ownership and liens. If the title is not clear, the seller must compensate the buyer.
A Quitclaim Deed is often used when it is not exactly clear what the transferring rights of the person releasing the property are. This type of deed transfers, or releases, whatever rights of ownership the grantor has on a piece of real estate. A Quitclaim Deed provides the buyer with the least amount of protection.
A Grant Deed makes the promise that the real estate has not been transferred to another party and gives ownership to the buyer.
Several other types of deeds used in the sale of land include a Bargain and Sale Deed, a Trust Deed, a Tax Deed, Sheriff’s Deed.
Although some of the laws regarding deeds vary from state to state, most states require that a deed be notarized, executed and filed. There are also some states that require that a deed be witnessed.