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deeds

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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
    • 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
deeds.1765663568.txt.gz · Last modified: by reidjs