By State

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Types of Deeds

Not all deeds function the same. Some provide more protection for the buyer than others:

• Quit Claim Deed – Offers the least protection. The grantor isn’t promising they fully own the property or that it’s free of other claims. These are often used between family members because they are simple to complete.
• General Warranty Deed  – Offers a full guarantee that the grantor holds clear title to the property and that there are no outstanding liens or claims against it.
• Special Warranty Deed– Only guarantees that the title was clean during the time the current seller owned it.
• Transfer on Death Deed (TODD) – Used to pass on property after the owner’s death without going through probate to save money. It must be completed before the owner passes and is only valid in certain states.

Property Ownership Types

When multiple people own a property, the type of ownership matters.

• Joint Tenants with Right of Survivorship – If one owner passes away, the other automatically gets their share.
• Tenants in Common – Each owner can sell their share without the other’s permission. If one passes, their share goes to whoever is named in their will.
• Tenants by the Entirety – Only available to married couples in some states. Both spouses must agree to sell; one can’t sell their portion alone.

Signing Requirements & Where to Record Deed

Usually, only the grantor needs to sign the deed, but the rules vary slightly depending on the state. The signature must be notarized in most cases and may require a witness, especially for added legal validity.

After signing, take the deed to the County Recorder’s Office or Clerk of Court in the same area where the property is located. Recording the deed officially logs the ownership change in public records.

Common Real Estate Terms

• Acknowledgment – When a notary confirms the identity of the person signing.
  
• Encumbrance – A claim or limitation on the property (e.g., mortgages, easements, or deed restrictions).
  
• CC&Rs – Conditions, Covenants, and Restrictions—rules about how a property can be used (e.g., no RVs in the driveway).
  
• Easement – Someone else has legal permission to use part of the property (like utility companies).
  
• Encroachment – When something physical, like a fence or shed, crosses onto the property line.
  
• Lien – A legal claim due to unpaid debt and must be resolved before the property can be sold.
• Conveyance – The actual act of transferring property ownership.