deed
Table of Contents
Deed (Real Estate)
A deed is a written legal instrument used to transfer ownership (title) of real property from one party to another.
Key Characteristics
- 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
Common Deed Types (California)
- 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
Important Distinction
- Deed → transfers ownership (title)
- Mortgage / Deed of Trust → creates a lien, not ownership
deed.txt · Last modified: by reidjs
