Deed (Real Estate)

A deed is a written legal instrument used to transfer ownership (title) of real property from one party to another.

• Transfers title, not possession
• Identifies the grantor (seller) and grantee (buyer)
• Contains a legal description of the property
• Must be signed by the grantor
• Must be delivered and accepted to be valid
• Recording provides public notice but is not required for validity between the parties

• Grant Deed
  • Implies the grantor has not previously conveyed the property
  • Implies no undisclosed encumbrances during ownership

• Quitclaim Deed
  • Conveys whatever interest the grantor has (if any)
  • No warranties

• Warranty Deed
  • Provides the highest level of buyer protection
  • Rarely used in California

• Deed → transfers ownership (title)
• Mortgage / Deed of Trust → creates a lien, not ownership