Property Deeds

Property deeds are the foundation of legal real estate ownership in the U.S. Whether you are purchasing your first home, sorting out an inheritance, or gifting property, deeds remain a significant part of the transfer ownership process. Knowing the type of deed you hold and what rights or restrictions it includes, such as easements or tax liability, can prevent costly misunderstandings.

What Is a Property Deed?

A property deed is a legal document that is used to transfer ownership of real property from one party (called the grantor) to another party (known as the grantee). The document must be in writing, signed, and typically notarized to be valid.

Unlike a title, which is the concept of ownership, a deed is the physical evidence of that ownership transfer. Without a properly executed and recorded deed, the law may not recognize a claim to the property.

What Information Is in a Property Deed?

A deed typically includes the following information:

Names of Grantor and Grantee: Names must be accurate and often include marital status or business entity identifiers to avoid ambiguity.
Words of Conveyance or Granting Clause: Operative languages such as "I hereby grant", "I hereby convey", or "I hereby transfer" are typically included to show intent to pass an interest in the property.
Legal Description of the Property: Descriptions are given by metes and bounds, lot and block referencing a recorded plat, or other recorded survey language.
Habendum Clause and Reservations: The habendum clarifies the type of estate conveyed, such as fee simple or life estate.
Signatures of the Grantor: The grantor's signature is required for the document to be valid. Many states also require acknowledgment before a notary public. Some deeds need witness signatures depending on local law.
Date of Transfer: The date on which the deed was made.
Consideration Clause: The amount paid or clarification on whether the property is a gift.
Delivery and Acceptance: This may be physical or constructive. It indicates that the grantor intentionally hands over the deed to the grantee and that the grantee willingly receives and agrees to take ownership of the property under the terms of the deed.
Recording Information: Once recorded, the deed receives a recording stamp, book and page or instrument number, and becomes part of the public land records.

Types of Deeds

The following are the most common types of deeds:

Quitclaim Deed

A quitclaim deed transfers whatever interest the grantor has in the property, if any, without warranties. It offers minimal protection to the grantee because the grantor does not promise that the title is clear. Quitclaim deeds are frequently used between family members, in divorces, or to clear up title defects.

General Warranty Deed

A general warranty deed provides the most protection, with the grantor warranting against title defects arising at any time, even before the grantor's ownership.

Special Warranty Deed

A special warranty deed limits the grantor's warranty to the period during which the grantor owned the property. The grantor promises there were no title defects or encumbrances created by the grantor but does not protect against defects from earlier owners.

Bargain and Sale Deed

This deed is typically issued by a private grantor and proves that the grantor holds title but carries no express or only limited warranties. Bargain and sale deeds often function as an intermediate form between a quitclaim and a general warranty deed.

Tax Deed and Sheriff's Deed

Typically issued by a governmental authority, these deeds are used to convey property sold through tax foreclosure or judicial sale. They may have limited or no warranties and often require additional steps for the purchaser to clear title.

When Deeds Matter

Deeds matter whenever ownership, control, or priority of real property is at stake. It comes into play in the following stages in the lifecycle of property ownership:

At the sale or purchase of property: The deed finalizes the transaction and establishes legal ownership.
During estate transfers in estate planning and probate: When someone dies, the deed may determine whether property passes automatically via joint tenancy or survivorship.
When resolving boundary disputes: The legal description in the deed helps establish exact property lines.
In refinancing or title insurance: Lenders and insurers often examine past deeds to ensure a clean title.

Easements and Their Relevance to Deeds

An easement is a right to use another's land without owning it for a specific purpose. It is typically recorded or created by express grant, reservation, implication, or prescription. Easement information typically appears in the legal description section of a deed. Some are "recorded easements", which means the legal rights permanently affect the title and must be honored by future owners of the property.

Examples of easements include:

Utility easements: For rights to utilities such as power lines and water access.
Ingress and egress easements: For driveway access across a neighbor's land.
Conservation easements: Restricts development to preserve land.

Note that a deed's failure to disclose recorded easements during a sale can give rise to disputes and can influence title insurance coverage.

Property Taxes and Ownership Responsibility

Property taxes are a recurring obligation that follows the land and the owner of record. Therefore, once your name is on the deed, you become legally responsible for property taxes, even if the tax bill still arrives under the previous owner's name.

Unpaid taxes can lead to penalties such as tax foreclosures, regardless of who caused the delay. Filing a change of ownership form with the office of the county assessor after a deed transfer helps ensure proper tax assessment.

Common Deed-Related Questions

The following are frequently asked property deeds questions.

Can you transfer property without a deed?

No. A deed is the legal instrument required for real estate transfers in every U.S. jurisdiction.

Does a deed alone prove ownership?

A deed indicates a transfer, but proof of clean ownership typically depends on the recorded history and absence of unresolved liens or claims. Title insurance and a title search give stronger assurance of marketable title.

Is notarization required for a deed to be valid?

Notarization requirements vary by state. Many jurisdictions require an acknowledgment before a notary to permit recording, but the absence of notarization may not always invalidate the conveyance between parties.

Can a deed be revoked?

A deed, once delivered and accepted, generally cannot be revoked unilaterally. Revocation requires the grantee's agreement or a court order in limited circumstances such as fraud or duress.

Is a notarized deed valid even if it is not recorded?

Yes, but failing to record can open the door to disputes or fraudulent claims.

Does recording a deed create title?

Recording provides constructive notice and priority but does not create a title where none exists. A deed that is defective on its face cannot be fixed solely by recording.

What if the legal description is wrong?

Minor scrivener errors (such as typos, misspellings, or incorrect numbers) can often be corrected with a corrective deed or affidavit. Substantial description errors may require reformation or quiet title litigation.

What happens if I lose my deed?

As long as the deed was recorded, ownership is safe. You can request a certified copy from the county recorder.

Can you add someone to a deed?

Yes, but it requires drafting a new deed, such as adding a spouse through a new quitclaim or warranty deed.

Can I remove my ex-spouse with a quitclaim deed?

Only if they agree to sign it. You cannot unilaterally remove someone from a deed.