A special warranty deed promises to protect the buyer if an issue arises from the time the seller owned the property. Warranty deeds provide buyers with the greatest protection because the grantor guarantees that he legally owns the property free and clear of liens and encumbrances and could therefore be liable for any title defect. Buyers and sellers should check with their county recorder or a real estate attorney to confirm.ĭeeds include general warranty deeds, special warranty deeds and quitclaim deeds. Some jurisdictions may require different or additional information. The signature must exactly match the grantor's name and the instrument must be notarized. The instrument must include a legal description of the property, the parcel identification number shown on the property's tax records and the actual cash consideration paid, if applicable. In addition, the grantor’s name must match the name on the title search. The instrument must show the name or names of the grantor and grantee.
Requirements for Proper Conveyanceįor an instrument of conveyance to be legally acceptable, it must meet certain requirements. Because deed and title recognition laws vary from state to state, buyers should record their deed with their county or municipality to legally notify everyone that they possess title to the property. The actual conveyance or transfer occurs when the seller or his attorney hand a properly prepared deed to the new owner.
These legal instruments include deeds, easements and transfer certificates.
Generally, lawyers or paralegals under a lawyer's instruction draft instruments of conveyance and transfer as legal instruments that transfer the title from one property owner to another. Instruments of conveyance and transfer are commonly used to create a legally valid transfer of property from one owner to another.
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