What are the types of deeds that are commonly used to convey real property?

A deed is a written instrument which conveys title to property from a grantor to a grantee.  To be valid, a deed must be signed by the grantor, contain a description of the property being conveyed, and be delivered to and accepted by the grantee.  The most common deeds used to convey real property are: 

• General Warranty Deed;
• Limited Warranty Deed; and
• Quitclaim Deed. 

A general warranty deed contains certain guarantees or assurances relating to the quality and marketability of the title.  These guarantees and assurances are referred to as covenants.  All general warranty deeds contain the following covenants: 

• Seisin;
• Quiet enjoyment;
• Right to convey;
• Freedom from encumbrances; and
• Defense of title to all claims. 

When a grantor conveys property via a limited warranty deed, also known as a special warranty deed, he is only guaranteeing the state of the title during his period of ownership of the property.  Unlike a general warranty deed, a limited warranty deed only protects a grantee from defects in title created or caused by the grantor. 

A quitclaim deed contains no guarantees, assurances, or warranties.  It is simply a means of transferring title to property from a grantor to a grantee.  Typically quitclaim deeds are used to convey property between family members. 

Before accepting a deed, a grantee should have a title search of the property conducted.  A title search will reveal any liens, encumbrances, and defects affecting the property.  If you have questions about deeds or would like to have a title search done, you should contact a qualified real estate attorney in your area.