California Real Estate Wiki

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## 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

1. Implies the grantor has not previously conveyed the property
2. Implies no undisclosed encumbrances during ownership

- Quitclaim Deed

1. Conveys whatever interest the grantor has (if any)
2. No warranties

- Warranty Deed

1. Provides the highest level of buyer protection
2. Rarely used in California

### Important distinction - Deed → transfers ownership (title) - Mortgage / Deed of Trust → creates a lien, not ownership