Guides
- U.S. Violent Crime Definition & Statistics
- The 5 Steps You Should Know When Adopting a Child
- What Is Criminal Profiling?
- A Full Guide on Reasonable Suspicion vs Probable Cause
- What Is Email Encryption & How to Encrypt an Email?
- What is a White Collar Crime? A Full Guide
- Rental Scams: How Do They Work & How to Catch Scammers?
- A Complete Guide on Parole vs Probation
- 5 Steps to Remove Personal Information from Google
- A Full Guide on House Arrests
- A Complete Guide on Marriage and Civil Union
- How to Safeguard Yourself and Deal with Marriage Debt
- What is Eyewitness Testimony?
- A Full Guide on Gentrification: Why is it a Problem?
- 8 Most Dangerous Twitter Scams and How to Avoid Them
- Pretexting Attacks: Common Types and How to Deal with Them
- How Do Zelle Scams Work and Things to Look Out For
- What Is Business Email Compromise, How to Defend Against It?
- What is a Wellness Check?
- How To Get a Temporary Restraining Order?
- What Is Smishing Attack & How to Avoid It?
- Spam Emails: Types and Ways to Block Them
- Email Masking & Masked Email Addresses
- Spot a Fake QR Code & Avoid Getting Scammed
- Common NFT Scams to Look Out For & Ways to Avoid the Fake Ones
- What to Do If You Witness a Crime?
- What Is Skip Tracing and How Does It Work?
- Common Venmo Scams to Look Out For and How to Avoid Them
- Can You Get Child Custody If You Have a Criminal Record?
- Common Amazon Scams and Ways on How to Avoid Them
- How to Find Liens on a Property?
- Multiple Bankruptcies: How Often You Can File One?
- How to Adopt a Child in the US?
- I Lost My Birth Certificate. What Should I Do?
- Warning Signs of Job Scams and How to Protect Yourself
- What Is a Ban the Box Law?
- What is Expungement?
- How to Transfer Property After Death Without Will
- What Is a Police Blotter?
- How to Appeal a Parking Ticket
- What Is a Clean Driving Record?
- What is Title Washing?
- What is Extortion?
- How To Run a Motorcycle Title Search
- What Is a Digital Footprint?
- What is Anti Money Laundering (AML)?
- Guide on How to Get a Death Certificate
- What is the US Equal Employment Opportunity Commission (EEOC)?
- What is Multi Factor Authentication?
- What is a Citizen's Arrest?
- How to Know that You’re in an Obsessive Relationship
- Guide to Online Survey Scams
- 13 Different Types of Police Officers
- Full Guide on Work-from-Home Scams
- Is Private Browsing Really Private?
- Different Types of Felony Classes & Charges
- What is Juice Jacking?
- What are Romance Scams?
- Traffic Offenses and Violations
- What is Doxing and How to Prevent it?
- What are Spam Text Messages
- The U.S. Death Penalty: History and Modern Usage
- A Guide to Different Types of Bankruptcies
- Common eBay Scams to be Aware of
- What Happens When You are Booked in Jail?
- What Information Can You Get From A License Plate
- Different Types of Assets
- 8 Tips to Help You Find Family Members
- Car History Guide, Benefits, Importance
- Am I Dating a Stalker?
- How to Find out if Your Partner is Cheating
- What Is A Packet Sniffing Attack
- Intellectual Property Law and Rights
- Cyberstalking And Its Dangers
- A Guide to Phishing Scams
- What is Organized Crime?
- I’ve Lost My Driver’s License: What Should I Do?
- Misdemeanor Charges: Types, Classes, and Penalties
- A Complete Guide On Catfishing
- Vanity Phone Numbers: A Complete Guide
- What Happens When You Get Arrested
- Guide to Find Information About a Person Online
- How To Find And Claim Unclaimed Money
- What Happens if You Violate Probation
- Guide on How to Remove a Mugshot from the Internet
- How to Stay Safe on Public WiFi
- How to Deal with an Outstanding Warrant
- Different Types of Car Insurance
- What Is Cyptojacking?
- What Is Email Security?
- What Is the Deep Web and What Can Be Found There?
- What Happens When You Declare Bankruptcy
- How Divorce Settlements are Calculated
- What are Common Methods of Social Engineering
- What is the Difference Between a General Lien and a Specific Lien?
- How to Detect Odometer Rollback
- Different Types of Probation
- Finding forgotten life insurance policies
- What is Bearer Bond and Why the US Banned it
- Everything you need to know about small claims court
- Moral Turpitude: Definition, Examples, and Much More!
- Misdemeanor vs Felony
- How To Read VIN Number
- How to Find Out Who Hacked Your Cell Phone
- How Long Does a Misdemeanor Stay On Your Criminal Record?
- The Paypal Phishing Scam You Should Care to Avoid
- License Plates Types: USA Guide
- Effects of Cyberbullying: Complete Guide for Parents
- What is the DPPA?
- Petty Theft: Definition and Consequences
- What is a Life Sentence?
- How to Find Out if Someone Has a Warrant?
- Marriage License vs Certificate: Everything You Need to Know
- The Ten Most Popular Celebrity Mugshots
- How to Find Out if Someone is Married?
- How to Stop Phone Spoofing?
- How To Avoid Probate
- Dealing with abandoned vehicles in your neighborhood
- How to Find Someone's Cell Phone Number by Their Name
- Who Are the Worst Drivers in America?
- How To Find Unclaimed Money From Deceased Relatives
- What is a Digital License Plate?
- How to Find out if Someone Died?
- Murder vs Manslaughter: The Differences and Definitions
- How to Hire a Private Investigator?
- What Is a Number Neighbor?
- How to Find Out if Someone was Arrested
- How to Find Someone's Birthday?
- What is a Car Title
- How to Obtain a Police Report and Court Records?
- Filing a false police report
- Prison Valley: Look inside Prison Town
- How to Get Custody of a Child Without Going to Court?
- How to Find Someone’s Social Media Profiles?
- What to Do if Your Phone Is Tapped?
- What Is a Deed in Real Estate?
- Where Was The First US Federal Penitentiary Established?
- How to Find Someone's Location Using Their Cell Phone Number?
- What Is a Restricted Call?
- Who is the Most Dangerous Prisoner in the World?
- Poshmark Scams: How to Prevent and Report Them
- How to Find a Missing Person?
- How to Send Money to a Federal Inmate?
- DUI vs DWI: What're The Differences
- How Long After Buying a Car Do You Need to Register it?
- How to Find out Where Someone Lives?
- What Happens If You Get Caught Driving a Car Without Interlock
- Situational Crime Prevention: Theory, Techniques and Examples
- How Can I Find Out Who Called Me for Free?
- Gun Free Zone Statistics and Facts
- Online Threats and Digital Security: Trends, Types and Most Common Examples
- Cold Cases: Best Practices For Police Officers and Investigators
- Court Order: Definition, Types and Examples
- What Does a Fingerprint Background Report Show?
- How to Check Your Criminal Record?
- What is Tort Law?
- How to Calculate Child Support
- Property Rights: Definition, and Characteristics
- 12 Common Reasons for Public Records Request
- What is Antitrust Law?
- Virginia Gun Confiscation Law
- Ways to Know Who Owns a House
- Neighborhood Watch Program
- How to Perform a Mugshot Search?
- Crime Mapping
- Safest Colleges in Florida
- Veterans Guide to Cars and Driving
- U.S. Correctional System: Structure, Incarceration and Facts
- License Plate Laws in the US
- How to Find Out If Someone Is in Jail?
- Email Hacking: Laws, Penalties and Protection
- Romeo and Juliet Laws
- Holiday Safety for Home and Family
- Differences between Criminal and Arrest Records
- Public Records and Property History: What is Public Information and What Isn’t
- How to Look up Immigration Inmates?
- Famous Prisons in the USA
- How to Find Out Who Owns a Vehicle Using Reverse Lookup Tools
- How to Search for Your Family Tree?
- The Federal Judicial Center
- Mass Incarceration in the USA
- What is COPPA (Children's Online Privacy Protection Act)?
- Data Safety After The Capital One Breach
- Scholarships Guide for Students
- Complete Guide to Student Safety
- What Is a Vehicle Identification Number?
- Determining Divorce: 5 Types of Divorce You Must Know
- Sex Offenders: Complete Guide to be Protected
- New Privacy Laws and Public Records
- Motor Vehicle Registration in the US
- Digital Token Age: Security Laws and Regulations
- Facial Recognition Technology and Legal Restrictions
- What Shows up in a Background Report
- What is Repossession of a Car?
- How to Protect Yourself from Phone Scams
- Human Rights in the Prison
- What are Business Competition Laws?
- What is a Hate Crime?
- Starting a Business and Business Licenses
- General Data Protection Regulation (GDPR) Guidance
- Criminal Justice Reform
- Tax Reform Impact and Changes To Know
- Self-Driving Cars: Laws and Regulations
- White-Collar Crime: Statistics and Facts
- Have You Been Arrested? Cases You'll Need a Lawyer
- How to Get a Driver's License in the US
- Car Theft in the US: Prevention and Facts
- Identity Theft Passport Program
- Changing your Name after Marriage: What You Need to Know
- Finding the Perfect Roommate: Dos and Donts
- What to Do in a Car Accident?
- Property Crimes: How to Burglar Proof Your Home
- Consumer Laws in the US: What Do They Mean for a Customer and a Business Owner
- Child Trafficking: The Scope, Understanding, and Prevention
- Business Assets: A Guide to the Financial Health of your Business
- Guide To The College Application: How, When and Where to Apply
- Which States Have “Stand Your Ground” Laws?
- Adolescent Depression Symptoms and Causes
- Things to Know About the U.S. State Department Travel Advisory System
- Inheritance in the US: With & Without a Will
- Online Dating Safety Guide for Men and Women
- Sexual Abuse in the U.S.: Laws and Statistics
- Supporting Children After Divorce: Child Custody Options
- Halloween Horrors Come to Life: Holidays Crimes in the U.S.
- Charity Scams in the U.S.: Be Aware and Protected
- Webcam Hacking & Spying in the US
- Sex Offender Search
- Freedom of Religion in the U.S.
- Senior Financial Scams: How are the Elderly Targeted and How to Avoid It
- Catcalling: Is it illegal? How to Deal With It
- A Complete Guide To Insurance Fraud: Common Types and Prevention
- Sextortion: What to Do if You Became a Victim of Blackmailing
- Concealed Carry: How to Protect Yourself on Campus
- Debt Collection Laws | Fair Debt Collection Act: What You Need To Know
- How Much Is My House Worth? Ultimate Guide to Home Buying and Selling
- What are the Traits of a Sociopath?
- Do You Know Who Your Neighbors Are?
- Learn How to Find Your Birth Parents
- The Importance of Public Records in Law
- Do You Know What's the Difference Between Jail and Prison?
- Homeowner’s Insurance, Is it a Public Record?
- The Disturbing Facts of Gun Violence in America
- How to Use Public Records in Marketing
- Best & Worst Cities for Driving
- LGBT Bullying
- What You Need to Know When Buying or Selling a Used Car?
- School Safety and Security Standards
- Making Your DMV Experience Fast And Easy
- How to Prepare For an Active Shooter Incident
- How to Report a Crime?
- How to Protect Yourself Against Cyber Attacks
- 50 Things to Know When Filing for Divorce
- What to Do When You Are Stopped By the Police
- Tips for Back-to-School Safety and Security
- Guide to Filing for Bankruptcy
- How to Appeal the Court's Decision
- A User's Guide to Warrants
- How to Fight a Traffic Ticket?
- Keeping Your Neighborhood Safe For Your Family
- A Parent's Guide to Keeping Your Child Drug-Free
What Is a Deed in Real Estate?
A deed is evidence of an official transfer of ownership, while a title is the actual proof of ownership. A deed describes a piece of property, lists its limitations, and names its past owners. It can be executed (transferred) when the property is sold.
A deed is a solemnly sworn legal document on which other significant information hinges, such as taxes, credit scores, and loans/mortgages.
Registering a Deed
There are several types of deeds, and registration of a deed is generally a requirement for the purchase or sale of a property to be legally binding. Registration is done at a county or state office with jurisdiction over property issues, such as the county land office, county clerk’s office, or registry of deeds. States may require a specific type of deed in order for the purchase/sale of a property to be legally binding in that jurisdiction. Some deeds may carry issues from past owners, whether liens or imperfections such as not having recorded a prior sale or transfer of ownership. Researching a deed and clearing any defects found is usually a requirement prior to transferring the title and registering the transaction.
Types of Deeds
- A warranty deed ensures clear title to the property. That means the owner (grantor) is ensuring there are no undisclosed interests (shares) or defects in the title.
- A grant deed is similar to a warranty deed in that the grantor (seller) affirms that there are no outstanding liens or claims on the title, nor has the property been sold to anyone else. This deed is usually signed in the presence of a notary.
- A quitclaim deed may transfer ownership without warranties, and is often used to transfer title to property between family members (such as spouses who are divorcing).
- A release deed does not affect possession of the title but removes or replaces one individual from ownership, or their stake in the property.
- A bargain and sale deed is often used by a local government to convey property. This sort of deed is without warranty, meaning there is no guarantee that the title is clear and it is up to the buyer to perform his due diligence prior to the transaction.
- A deed of release may be part of the paperwork exchanged when a borrower finishes paying off a mortgage. The mortgage holder (bank) retains the title until this point.
- Trustee deeds and tax deeds are types of official deeds, generated by court order, are different from private deeds (between individuals).
- A contract for a deed is not actually a deed but an agreement between seller and buyer in which the seller agrees to act as the buyer’s bank, allowing a person without the opportunity to get a mortgage to make payments on a property directly to the seller. When the contract is satisfied, the owner signs the property title over to the buyer.
Parts of a Deed
The deed to a residential property includes information about boundaries, a description of the land, and details about the buildings, driveways, or other improvements. The reddendum clause reserves any of the grantor’s rights or interest in the property, such as mineral rights or access. Likewise, a habendum clause expresses some limitation contained in the deed transaction. The execution portion is where the document is signed and witnessed by a notary.
Covenants
If the deed includes the following covenants, they protect the grantee (buyer) against harm.
- Covenant of quiet enjoyment – a pledge that there are no outstanding warranties from third parties that would inhibit the grantee’s use of the property. It allows the buyer to seek redress (file suit) against the seller if a third party claims an interest in the property.
- Covenant of seisin – this is a guarantee by the seller that the title to the property is without defects. If the buyer discovers a defect they may sue the seller to correct it.
- Covenant against encumbrances – this covenant pledges that there are no liens against the property that are not disclosed, and allows the buyer to seek penalties against the seller if any are uncovered.
Locating a Deed
If you are a homeowner and did not receive or keep a copy of the deed when it was signed, you may request one at the local (county recorder or clerk’s office) where the deeds are registered. Deeds are public documents that are used in tax assessments and may be requested by any individual.
Transferring a Deed
Since deeds are legal instruments it is important that they are well understood and that transfers are not done without some knowledgeable oversight, such as that of an attorney who specializes in property issues. Oftentimes a quitclaim deed transfer can be made with only the oversight and witness of a notary public but it is important to understand the ramifications of any transfer as the grantee may become burdened with any liens or warranties that encumber the deed.