Deed
A deed is the legal document that transfers real property ownership. Discover types of deeds and essential elements of a valid deed.
Definition
A deed is a written, signed legal instrument that transfers ownership of real property from the seller (grantor) to the buyer (grantee). As Investopedia notes, a property deed creates a clear paper trail of ownership and offers varying levels of legal protection depending on the type of deed. Common deeds include general warranty deeds, which promise that the seller holds clear title and will defend against claims; special warranty deeds, which only guarantee that the seller hasn’t encumbered the property during their ownership; and quitclaim deeds, which convey whatever interest the grantor has without warranties. For a deed to be valid, it must identify the parties and property, contain words of conveyance, and be delivered and accepted.
Why It Matters
The deed is what actually moves ownership, and its type decides who pays if a claim surfaces later. A statutory warranty deed, the Washington standard for a sale, makes the seller answerable for title defects that predate them. A quitclaim transfers whatever interest the signer happens to hold and warrants nothing, which is fine between spouses and reckless between strangers.
Examples
A divorcing couple uses a quitclaim to move the house into one spouse's name. Title changes, the mortgage does not, and the departing spouse stays liable on the loan.
A buyer accepts a quitclaim on a cheap rural lot. A forgotten 1998 judgment lien surfaces years later, with no warranty to claim against and no title policy behind it.
An estate conveys through a personal representative's deed, which carries no warranties. The buyer's title insurance, not the seller, is the only protection against defects.
Tips
Check the legal description and the exact spelling of every name before signing. A typo in the vesting or the legal means a corrective deed and a second recording later.
Decide how you will hold title before closing: sole ownership, joint tenancy with right of survivorship, community property with right of survivorship, or a trust. That choice controls what happens on death and it is fixed on the deed.
Never substitute a quitclaim for a warranty deed in a purchase, and never take a deed without a title policy behind it. The deed is the transfer; the policy is the protection.
Related Terms
Warranty Deed
A warranty deed provides the greatest title protection, with promises against prior claims. Learn di...
Quitclaim Deed
A quitclaim deed transfers any interest without warranties. Learn when quitclaim deeds are used and ...
Grant Deed
A grant deed conveys property ownership with limited warranties. Learn how grant deeds differ from w...
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