Real Estate Deed Lawyers
Locate a Local Real Estate Lawyer
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 (detailed enough to identify it)
- 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 in the appropriate county with the county recorder. This is to help prevent disputes and contests over the deed in the future. The deed of record shows the transferee in the transaction as the legal title owner of the property.
There are many different types of deeds, but there are two main types that are very common. The first is a warranty deed, which guarantees a clear title for the transferee. In a warranty deed, there is no question that the grantor has authority to transfer title, as no liens or other debts exist on the property. The second type is a quit claim deed. In contrast to warranty deeds, quit claim deeds do not make any guarantees or warranties of a clear title to the property. Thus, they are generally made between parties who trust each other, such as family members. Quit claim deeds are often used when property is not sold, such as the transfer of property to an heir when the owner dies.
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 lawyers because real estate agents can often be motivated by sales figures and other elements.
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. A lawyer 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 resolve 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 because 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 a deed. A skilled lawyer can help you with the legal aspects of deeds, as well as represent you in court if you need to file a lawsuit. Find a real estate lawyer today.
Consult a Lawyer - Present Your Case Now!
Last Modified: 07-03-2017 11:29 AM PDT
Link to this page