Deed Lawyers

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What is a Deed?

A deed is a written legal document that states who has the legal right to possess a parcel of real property or produces a transfer of ownership in real property.   A deed must contain the names of the old and new owners of the parcel of real property as well as a legal description of the parcel of real property.  The deed also must be signed by the grantor and should be recorded in the county the property is located.  

What Types of Deeds are There?

There are several types of deeds.  Your state’s and city’s rules must be followed to create a valid deed.  The most common types of deeds are quit claim deeds, grant deeds, warranty deeds, fiduciary deeds, and trust deeds.

Is a Deed Required to Transfer Real Property?

Usually a deed is required to transfer real property, but a deed is not always required.  To successfully transfer real property, there must be a writing containing the terms of the transfer. 

Does a Deed Have to Be Notarized?

Yes, the grantor must notarize the deed before the deed will be honored for recording.  By notarizing the deed, a notary public verifies that the signature on the deed is genuine.  

Where Should the Deed Be Recorded?

The deed should be recorded at the Register of Deeds Office of the county where the property is located.  The notarized signed original of the deed must be taken to the Register of Deeds Office along with the required filing fee. 

How Can I Obtain a Copy of My Deed?

To obtain a copy of your deed, go to the Register of Deeds Office.  The name of the document, the address of the property, a legal description of the property and the approximate recording date are usually required to locate the deed.

Do I Need a Real Estate Lawyer for My Deed Issue?

Deeds are very important documents that affect your ownership interest and rights in parcels of real property.  An experienced real estate attorney can help you determine the extent of property rights applicable to a particular parcel of property, whether you are buying or selling the parcel.  A real estate attorney also can help you defend any attacks on the title to your property.

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Last Modified: 06-29-2011 03:16 PM PDT

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