Real Estate Deed Lawyers
What is a Real Estate Deed?
A real estate deed is the written document transferring ownership (title) of real property from one person to another. The deed needs to contain specific information in order to be legally valid. This can include:
- The parties to the transaction
- A full description of the property (should be able to identify the property solely from this description)
- Dates and locations related to the transaction
Also, the deed needs to be officially accepted and delivered in order to be valid. While not actually a requirement for a valid deed in most states, it is extremely practical and useful to have a deed transfer recorded with the county recorder. This is to help prevent disputes and contests over the deed in the future
There are many different types of deeds, but there are two main types that are very common. The first is a warranty deed, which confirms that the grantor actually owns the property in question. The second type is a quit claim deed, which indicates a transfer of the legal interest that the grantor actually owns. Quitclaim deeds are common between parties where ownership is not really contested, such as between family members.
What Does Deed Review Mean?
“Deed review” refers to the process of looking over a deed and researching its background to ensure that it is a valid legal document. This may be necessary in the case where title to the property is under dispute, or where a revision needs to be made to the deed documents.
Deed reviews are generally performed by attorneys, since real estate agents can often be motivated by sales figures and other aspects.
How are Disputes Over Real Estate Deeds Handled?
Disputes over real estate deeds are usually handled by a combination of deed review and title searches with the county recorder’s office. Here, an attorney will usually conduct a title search in order to determine which parties legally possessed the property in the past. A title search should reveal how the property was transferred in the past; this alone can often resolved disputes over who owned the property.
Once the title is cleared, a deed review may be necessary to analyze the exact details of the deed. For example, if there is a dispute over the location of a piece of property, a deed review can help resolve this, since the deed should describe the property’s location. Also, deed reviews can help resolve any issues regarding the identity of key parties to the legal transaction.
Disputes over deeds can result in a number of remedies, including monetary damages for economic losses, and court orders containing instructions regarding the transfer of the property.
Do I Need a Lawyer for Help With Real Estate Deed Issues?
Real estate deeds are an important aspect of the transfer and maintenance of real property. You may wish to contact a real estate lawyer in your area if you have any questions regarding the creation, editing, or review of a deed. An experienced attorney can help you with the legal aspects of deeds, and can represent you in court if you need to file a lawsuit.
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Last Modified: 11-28-2012 02:21 PM PST
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