Deeds: Types, Requirements, and Preparation

For a deed to be legally valid, it must contain several essential elements: (1) a competent grantor — the person transferring title must have legal capacity, (2) an identifiable grantee — the person receiving title must be named or sufficiently described, (3) words of conveyance — language expressing the intent to transfer (typically "grant," "convey," or "warrant"), (4) a legally sufficient property description — the property must be described with enough specificity to identify it, (5) the grantor's signature — the deed must be signed by the grantor (the grantee's signature is not required), and (6) delivery and acceptance — the deed must be physically or constructively delivered to and accepted by the grantee.

Notarization is required in most states to make the deed eligible for recording, but it is not a requirement for the deed's validity between the parties. Recording itself is also not required for a deed to be valid — it simply provides constructive notice to the world and protects the grantee under the recording statutes.

A general warranty deed provides the most protection to the grantee. The grantor warrants that: the grantor holds title and has the right to convey (covenant of seisin and right to convey), the property is free from encumbrances except as stated (covenant against encumbrances), the grantee will enjoy quiet possession (covenant of quiet enjoyment), the grantor will defend the title against all claims (covenant of warranty), and the grantor will execute any additional documents needed to perfect the title (covenant of further assurance). These warranties cover the entire chain of title, not just the grantor's period of ownership.

A special warranty deed provides the same warranties but limits them to the grantor's period of ownership — the grantor only warrants against defects that arose during their ownership. A quitclaim deed provides no warranties whatsoever — the grantor simply conveys whatever interest they may have, if any. Quitclaim deeds are commonly used to clear title clouds, transfer property between family members, or add or remove names from title.

A legally sufficient property description must identify the property with enough precision that it can be distinguished from all other parcels. Three systems are used: metes and bounds, rectangular (government) survey, and lot and block (plat). Metes and bounds descriptions use compass directions and distances to trace the property's boundary from a point of beginning. The rectangular survey system divides land into townships, sections, and quarter sections using principal meridians and baselines. The lot and block system references a recorded subdivision plat that shows numbered lots within numbered blocks.

Street addresses alone are never legally sufficient property descriptions because they can change, be duplicated, or be ambiguous. However, street addresses are commonly included in deeds as a convenience reference in addition to the legal description. Tax parcel numbers (assessor parcel numbers) are also useful identifiers but should not be the sole description. The legal description used in the deed should match the description in the title commitment exactly.