A deed is the document used to convey an interest in real estate. Generally, a deed takes effect and is effective to transfer title of property at the time of its delivery from grantor (i.e., seller) to grantee (i.e., buyer), not at the time of its execution or recordation. Delivery gives the deed force and effect and signifies that all dominion and control over the deed is passed from the grantor to the grantee, or to someone for him/her, with the intention of presently transferring the ownership of land. Intention to delivery is shown words and/or acts.
The nature of the interest conveyed in the real estate conveyed depends largely on the type of deed used. Two of the most common types of deeds are general warranty deeds and quitclaim deeds.
A general warranty deed has an inherent number of guarantees: (1) that the grantor owns the property, (2) that it is free from liens/encumberances, except those noted, (3) there is a right to convey the property by the grantor, (4) and if any defects in title do arise the grantor will indemnify the purchaser against any such claims.
A quitclaim deed, on the other hand, does not have any of those guarantees. With a quitclaim deed, the grantor transfers whatever interest that he/she owns in the property to the purcahser. There is no covenant or warranty as to the extent of the interest being conveyed.
From a purchaser’s perspective, you want a general warranty deed. From a seller’s perspective, you want a quitclaim deed. Contact us for questions relating to real estate, deeds, property liens, title issues, and other legal questions.