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3 Types of Property Deeds

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3 Types of Property Deeds

Property deeds are legal documents used to transfer ownership of real estate from one party to another. There are several types of property deeds, each serving different purposes and offering varying levels of protection to the new owner. Listed below are three common types of property deeds:

  1. General Warranty Deed: This type of deed provides the highest level of protection for the buyer. In a general warranty deed, the seller guarantees that they have clear title to the property and have the right to sell it. The seller also promises to defend the buyer against any claims to the property’s title that may arise in the future, even if those claims predate the seller’s ownership of the property. This type of deed typically includes covenants or warranties that cover the entire chain of title.
  2. Special Warranty Deed: A special warranty deed is similar to a general warranty deed, but with a more limited scope of protection for the buyer. With a special warranty deed, the seller only guarantees that they have not personally caused any title defects during their ownership of the property. In other words, the seller warrants the title against defects that occurred only during their period of ownership, but not before. This type of deed is commonly used in commercial real estate transactions.
  3. Quitclaim Deed: A quitclaim deed is the simplest type of deed and offers the least protection for the buyer. With a quitclaim deed, the seller transfers whatever interest they have in the property to the buyer, without making any warranties or guarantees about the title. This means that the seller is not guaranteeing that they have clear title to the property, or that there are no defects in the title. Quitclaim deeds are often used in situations where the parties know and trust each other, such as transferring property between family members or as part of a divorce settlement.

These are just three common types of property deeds, and there may be variations or other types of deeds used in specific jurisdictions or circumstances. It’s important for buyers and sellers to understand the type of deed being used in a real estate transaction and the level of protection it provides. Consulting with a real estate attorney can help ensure that the appropriate deed is used and that the buyer’s interests are fully protected.