Real estate conveyance6/19/2023 There are two common types of shared ownership-joint tenants and tenants in common. When more than one person is purchasing a property, it is important to determine how these joint owners will take the title. This is mostly commonly used to clear up title problems or to transfer property within a family or between spouses (especially after a divorce). Quitclaim deeds are used to transfer rights where there is ambiguity over what those rights are in the first place. It merely conveys the interest that the grantor had in the property, whatever that may be. Special warranty deeds are frequently used by temporary holders of real estate assets such as corporations, trusts, or other fiduciaries who do not use or occupy the land for their own benefit.Ī quitclaim deed is a particular type of special warranty transfer deed that carries no warranties at all. In this type of transfer deed, there is no guarantee against title defects or encumbrances that may have been present when the seller received the property nor does it obligate the seller to do anything further once the title is transferred. ![]() The buyer also reserves the right to sue the seller should this claim turn out to be false.Ī special warranty deed guarantees less than the general warranty deed. It provides the greatest conveyance and protection to the buyer because it explicitly states that the property is free of liens and the seller holds no claims to its ownership. There are essentially three types of transfer deeds that are based on the particulars of the deed, such as what the grantor can convey and the warranties included in the deed.Ī general warranty deed is one of the most common forms of transfer deeds. Thinking about starting a real estate career? Download the Launching Your Real Estate Career eBook. The witness is an important role should there be a conflict over the transaction in the future. In either case, if you are the real estate agent for the buyer, it’s a good idea for the buyer to include you in the process as a witness. In recent times, it has become common for such transactions to be performed through online service providers like LegalZoom. Transfer deeds are usually carried out between the buyer and the seller with the help of a lawyer. Changes in the names of the title of the property may also require a transfer deed as documentation. For instance, transfer deeds are required as proof of transfer if someone is planning to transfer property to a family member or to a business at no cost or if someone is planning to fund a living trust. When Is a New Deed Required?Īside from selling the property to a new buyer, a transfer deed might be required in a few other scenarios. It is the vehicle through which the transfer of ownership takes place and not a legal right to the property, partial or complete. It should be noted that a deed is different from a title. It also acknowledges the transfer between them in a language that legally specifies it as a deed. ![]() It has a property description that adheres to legal norms and identifies the current and subsequent owners. ![]() In other words, it’s the transfer of the ownership of a property. This process of transferring interest over a real estate asset is known as conveyance.Ī transfer deed is a document that acts as the proof of conveyance. When ownership changes hands, this also needs to be reflected in the public records. The ownership of every piece of land in the United States is recorded and held at the County Recorder’s office.
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