What Is a Deed? Understanding the Different Types of Property Deeds
What Is a Deed?
A deed is a legal document that transfers ownership of real estate from one party (the grantor) to another (the grantee). It establishes the official chain of title and becomes public record once filed with the county recorder’s office.
Every valid deed typically includes:
Names of the parties – the seller (grantor) and buyer (grantee).
Legal description – defines the property boundaries and location.
Property identifiers – such as address or parcel number.
Conditions and encumbrances – including easements, taxes, or assessments.
Restrictive covenants – limitations on how the land may be used.
Mailing addresses – for deed return and tax correspondence.
Special designations – like Transfer-on-Death beneficiaries.
For a deed to be valid, it must be signed and notarized by the grantor.
Each state (and often each county) has its own formatting rules regarding font size, margins, and recording fees.
After signing, the deed must be recorded in the county where the property is located.
Recording ensures that ownership is public and the chain of title remains unbroken — preventing others from claiming ownership.
Example: If Party A sells a house to Party B, and Party B later sells it to Party C before recording their own deed, the recorder will reject the transaction because title still appears under Party A. This creates a cloud on title, often requiring a quiet-title action to fix.
Types of Property Deeds
1. General Warranty Deed
A General Warranty Deed (or simply Warranty Deed) provides the strongest protection to the buyer.
The seller guarantees that the property has a clear title, free of any defects or claims — both during and before their ownership.
This assurance is typically backed by an owner’s title-insurance policy.
Common Use: Standard in traditional real estate sales where full title assurance is expected.
2. Special Warranty Deed
A Special Warranty Deed (or Limited Warranty Deed) also transfers ownership but limits the seller’s guarantee to issues that arose only during their ownership period.
The seller makes no promises about the property’s earlier history.
Common Use: Commercial transactions, corporate transfers, or when ownership history is uncertain.
3. Quit Claim Deed
A Quit Claim Deed (or Quit Deed) conveys whatever interest the grantor currently has — if any — without warranties.
The seller “quits” any claim to the property, transferring it as-is, where-is.
Common Use: Transfers between family members, business partners, or in cases of uncertain title.
Note: Title insurance may be limited or unavailable for quit claim transfers if defects exist.
4. Bargain and Sale Deed
A Bargain and Sale Deed implies that the seller owns and can convey the property but does not guarantee against prior claims or liens.
Common Use: Used by trustees, fiduciaries, or municipalities selling foreclosed or estate-owned property.
5. Tax Deed (Treasurer’s or Tax Title Deed)
A Tax Deed transfers ownership after unpaid property taxes lead to a tax sale.
The deed is executed by the county treasurer or auditor — not the previous owner — creating a gap in the chain of title.
Key Points:
Immediate title insurance is rarely available.
Buyers may need to file a quiet-title action or obtain a quit claim deed from the former owner.
Some states allow insurance after 3–10 years, depending on statutory compliance.
6. Sheriff’s Deed and Deed-in-Lieu of Foreclosure
A Sheriff’s Deed conveys property sold through a foreclosure sale.
If a borrower defaults, the court orders the sheriff to sell the property to the highest bidder. The deed is then issued to the winning bidder.
If the property doesn’t sell, the lender can take title directly.
A Deed-in-Lieu of Foreclosure occurs when the borrower voluntarily transfers ownership to the lender in exchange for cancellation of the debt, avoiding court proceedings.
7. Transfer-on-Death Deed
A Transfer-on-Death (TOD) Deed names a beneficiary who automatically receives ownership upon the current owner’s death, bypassing probate.
The owner can revoke or change this designation at any time before death.
8. Personal Representative Deed
A Personal Representative (PR) Deed is executed by an executor or administrator of an estate to transfer property after the owner’s death.
The representative acts under Letters Testamentary (if a will exists) or Letters of Administration (if not).
Properly executed PR Deeds are typically insurable by title companies.
Final Thoughts: Why Deeds Matter
Every real estate transaction — from a family land gift to a tax-sale investment — relies on the deed to establish ownership.
Knowing the differences between warranty, quit claim, tax, and other deed types helps you protect your investment and avoid costly title issues.
Whether you’re buying vacant land, a home, or commercial property, always:
Verify the chain of title,
Record promptly, and
Consider title insurance to safeguard your ownership rights.
At US Land Bureau, rest assured that our lands conveyed are sold without any encumbrances, liens, nor outstanding judgements. Whether we convey ownership by quit claim deed or warranty deed, we stand by all our transactions and are confident that you’ll be satisfied with your investment. Your purchase in real estate is not just a transaction, its an investment into yourself, your family, our community and our nation.
Land ownership is attainable and affordable with US Land Bureau. Call us at (855) Got Land or visit us online at https://www.USLandBureau.com to get started today!