Title is the legal evidence of ownership. A deed is the written document that transfers title. Different deeds offer different levels of protection to the buyer.
Requirements of a valid deed
- Grantor with legal capacity (the seller).
- Named grantee (the buyer).
- Words of conveyance (granting clause).
- Adequate legal description of the property.
- Grantor's signature; delivery and acceptance.
Types of deeds
- General warranty deed
- Greatest protection; grantor warrants title against all defects, even before they owned it.
- Special warranty deed
- Warrants only against defects arising during the grantor's ownership.
- Quitclaim deed
- Transfers whatever interest the grantor has, with no warranties.
Recording a deed in the county land records gives 'constructive notice' to the world and establishes priority. It is not required for validity between the parties but protects against later claims.