|
A conveyance of
real estate is a conveyance from one person to another.
A deed is one form of conveyance transferring title to the
real estate from one person to another.
Title means ownership of real estate.
The person transferring title is known as the
“grantor,” and the person receiving the title is known as the
“grantee.” A deed
must be in writing and must be signed.
The person transferring his/her interest in the real estate
must sign the deed. Many
states also require the grantee to sign the deed as well.
To be effective against third persons and subsequent
purchasers, the deed usually must be recorded.
The deed must
contain, at the minimum, an identification of the grantor and
grantee, including printing of their names, residences, post
office addresses, and a legal description of the real estate.
A legal description is a description of real estate as
determined by a survey recognized by the government.
It may refer to the real estate by Lot Number, Metes and
Bounds, or Sections. The
legal description of a piece of real estate usually may be found
in previously executed documents, or it may be obtained from the
government unit responsible for recording instruments.
A new survey usually is not required prior to every
transfer of real estate, unless the size of the real estate is in
question or the real estate is being subdivided.
Many states also require the street address of the real
estate to be included in the deed, as well as, the amount of
money, or consideration, paid for the transfer of the real estate.
There are many
types of deeds. The specific words used in the deed often determine its
classification. Types
of deeds include warranty deeds, special warranty deeds, and quit
claim deeds. See subtopics on these types of deeds for further
information. The
words used in the deed determine the type of estate granted to the
grantee. See subtopic
“Ownership of Real Estate.”
Black’s
Law Dictionary, Fifth Edition.
| Alabama: |
Alabama
recognizes warranty deeds, special warranty deeds, and
quit claim deeds. Alabama
Code §35-4-7,
271. |
| Alaska: |
Alaska
recognizes warranty deeds and quit claim deeds. Alaska Code §34.15.050,
.080. |
| Arizona: |
Arizona
recognizes warranty deeds and quit claim deeds. There
must be appended to the deed an affidavit stating the
value of the property, names and addresses of the buyers
and sellers, the purchase price, type of payment and
financing, the value of any personal property included in
the sale, the tax code numbers, and a description of the
real estate and its use.
Forms for this affidavit may be obtained from the
Arizona Department of Revenue.
Arizona Code §33-431;
42-1612. |
| Arkansas: |
Arkansas
recognizes warranty deeds and quit claim deeds. Arkansas Code §18-12-104,
203, 602; 16-47-103. |
| California: |
California
recognizes warranty deeds and quit claim deeds. California CC §1054,
1091. |
| Colorado: |
Colorado
recognizes warranty, special warranty, and quit claim
deeds. Colorado
Code §38-30-101
onward. |
| Connecticut: |
Connecticut
recognizes the warranty deed and quit claim deed.
Connecticut Code §47-1
onward. |
| Delaware: |
Delaware
recognizes the following types of deeds:
warranty, special warranty and quit claim. Delaware Code §25-101
onward. |
| Florida: |
Florida
recognizes warranty deeds and quit claim deeds. Florida Code §689.01
onward. |
| Georgia: |
Georgia
recognizes the following types of deeds: warranty, special
warranty and quit claim.
Georgia Code §44-5-30
onward; 44-2-1 onward. |
| Hawaii: |
Hawaii
recognizes the following types of deeds:
warranty, special warranty and quit claim. Hawaii Code §501-82
onward. |
| Idaho: |
Idaho
recognizes the following types of deeds:
warranty, special warranty and quit claim. Idaho Code §32-912;
55-601, 605, 609, 612, 805, 812. |
| Illinois: |
Illinois
recognizes the following types of deeds:
warranty, special warranty and quit claim. Illinois Code §765-5/35c;
765-5/9. |
| Indiana: |
Indiana
recognizes the following types of deeds:
warranty deeds, special warranty deeds and quit
claim deeds. Indiana
Code §32-1-2-12,
18; 32-1-2-11;
6-1.1-5.5-3. |
| Iowa: |
Iowa
recognizes the following types of deeds:
warranty deed, special warranty deed and quit claim
deed. Iowa
Code §622.32-35;
558.41. |
| Kansas: |
Kansas
recognizes the following types of deeds:
warranty deed, special warranty deeds and quit
claim deeds. Kansas
Code §58-2203,
2204. |
| Kentucky: |
Kentucky
recognizes the following types of deeds:
warranty deed, special warranty deed and quit claim
deed. Kentucky
Code §371.010;
382.030-.040, .110, .135, .270. |
| Louisiana: |
Louisiana
T.9, §2721;
T.35, §12,
17; T.47, §2328;
CC §2442. |
| Maine: |
Maine
recognizes the following types of deeds:
warranty deed, quit claim deed with covenant, and
quit claim deed without covenant.
Maine T.33, §201,
203, 456-57, 651-A, 761-765. |
| Maryland: |
Maryland
recognizes the following types of deeds:
warranty deed, special warranty deed and quit claim
deed. Maryland
Real Prop. Art. §3-401;
4-101; Tax Prop. Art. §12-104. |
| Massachusetts: |
Massachusetts
recognizes the following types of deeds:
warranty deed, special warranty deed and quit claim
deed. Massachusetts
C. 183, §1,
4, 6, 6B, 29. |
| Michigan: |
Michigan
recognizes warranty deeds and quit claim deeds.
Michigan CLA §565.151-.152. |
| Minnesota: |
Minnesota
recognizes the following types of deeds: warranty deed, special warranty deed and quit claim deed.
Minnesota Code §507.24,
.34, .091-.092. |
| Mississippi: |
Mississippi
recognizes the following types of deeds: warranty deed,
special warranty deed, and quit claim deed.
Mississippi Code §89-1-3
onward. |
| Missouri: |
Missouri
recognizes warranty deeds and quit claim deeds. Missouri Code §442.010
onward. |
| Montana: |
Montana
recognizes the following types of deeds: warranty deed,
special warranty deed and quit claim deed.
Montana Code §70-20-101
onward; 70-21-203 onward. |
| Nebraska: |
Nebraska
recognizes the following types of deeds: warranty deed,
special warranty deed and quit claim deed.
Nebraska Code §76-211
onward. |
| Nevada: |
Nevada
recognizes the following types of deeds: warranty deed,
special warranty deed and quit claim deed.
Nevada Code §111.105
through .330. |
| New
Hampshire: |
New
Hampshire recognizes the following types of deeds:
warranty deed, special warranty deed and quit claim deed.
New Hampshire C. 477, §1-44. |
| New
Jersey: |
New
Jersey recognizes the following types of deeds: warranty deed, special warranty deed and quit claim deed.
New Jersey Code §46-15-1.1;
46-22-1; 46-3-13. |
| New
Mexico: |
New
Mexico recognizes the following types of deeds: warranty deed, special warranty deed and quit claim deed.
New Mexico Code §47-1-5;
14-8-4; 14-9-1, 3. |
| New
York: |
New
York recognizes the following types of deeds: deeds with
covenants, bargain and sale deeds, and quit claim deeds.
New York G.O.L. §5-703;
R.P.L. §243-44,
258, 291. |
| North
Carolina: |
North
Carolina recognizes the following types of deeds: warranty deed, special warranty deed and quit claim deed.
North Carolina Code §39-1,
7; 47-17-18; Common Law. |
| North
Dakota: |
North
Dakota recognizes the following types of deeds: warranty deed, special warranty deed and quit claim deed.
North Dakota Code §47-10-01
onward; 47-19-03, 29, 41. |
| Ohio: |
Ohio
recognizes the following types of deeds: warranty deed,
special warranty deed and quit claim deed.
Ohio Code §5301.01
through 5301.25; 5302.02
through 5302.30(D). |
| Oklahoma: |
Oklahoma
recognizes the following types of deeds: warranty deed,
special warranty deed and quit claim deed.
Oklahoma Code §16-2
through 95. |
| Oregon: |
Oregon
recognizes the following types of deeds: warranty deed,
special warranty deed and quit claim deed.
Oregon Code §93.010
onward. |
| Pennsylvania: |
Pennsylvania
recognizes the following types of deeds: warranty deed,
special warranty deed and quit claim deed.
Pennsylvania Code §21-2
onward; 21-351. |
| Rhode
Island: |
Rhode
Island recognizes the following types of deeds: warranty
deed, special warranty deed and quit claim deed.
Rhode Island Code §34-11-1 onward. |
| South
Carolina: |
South
Carolina recognizes the warranty deed and quit claim deed.
South
Carolina Code §27-7-10 through 30; 30-7-10. |
| South
Dakota: |
South
Dakota recognizes the following types of deeds: warranty
deed, special warranty deed and quit claim deed.
South Dakota Code §43-25-1 through 26; 7-9-1, 7;
43-28-8. |
| Tennessee: |
Tennessee
recognizes the following types of deeds:
warranty deed, special warranty deed and quit claim
deed. Tennessee
Code §66-22-105; 66-26-101. |
| Texas: |
Texas
recognizes the following types of deeds: warranty deed,
special warranty deed and quit claim deed.
Texas Prop. Code §5.021
through .023; 11.001, 12.001, 13.001. |
| Utah: |
Utah
recognizes the following types of deeds: warranty deed,
special warranty deed and quit claim deed.
Utah Code §25-5-1;
57-3-1 through 10. |
| Vermont: |
Vermont
recognizes the following types of deeds: warranty deed,
special warranty deed and quit claim deed.
Vermont Code §27-305,
341, 342, 348. |
| Virginia: |
Virginia
recognizes the following types of deeds: warranty deed,
special warranty deed and quit claim deed.
Virginia Code §55-49
through 113. |
| Washington: |
Washington
recognizes the following types of deeds: warranty deed,
special warranty deed (known as a bargain and sale deed),
and quit claim deed. Washington
Code §26.16.010-.030;
64.04.030-.050; 64.08.070. |
| West
Virginia: |
West
Virginia recognizes the following types of deeds: warranty
deed, special warranty deed, and quit claim deed.
West Virginia Code §36-1-1;
39-1-2; 36-4-1 onward. |
| Wisconsin: |
Wisconsin
recognizes the following types of deeds:
warranty deeds, special warranty deeds and quit
claim deeds. Wisconsin
Code §706.02-.10. |
| Wyoming: |
Wyoming
recognizes the following types of deeds:
warranty deed, special warranty deed and quit claim
deed. Wyoming
Code §34-1-102
onward. |
This
is not a substitute for legal advice. An attorney must be
consulted.
Copyright © 2002 by
LAWCHEK, LTD
Back
to Questions & Answers List
|
