Grant Deed: Transfering Property

A grant deed is the most common type of deed used for the transfer of property title from one party to another in the United States. They are more common on the West Coast than in the East. Grant deeds are generally recorded with a governing authority, but it is not required that they be so recorded.

Elements Required in a Grant Deed

The regulations vary by state, by generally, a grant deed must contain six elements:

• A written record of the property transfer
• A legal clause describing the transfer of title from the seller to the buyer
• The official names of the grantor and the grantee of the title
• The official description of the property to be transferred
• Execution, delivery, and acceptance of the deed by the grantor
• The grantor's signature

Generally, most grant deeds are witnessed by a notary, however it is not required that they be so authenticated.
Grant Deed Guarantees
A grant deed makes two guarantees concerning the title in property being transferred:

• The property belongs to the grantor and has not been sold to anyone else
• There are no liens or encumbrances on the property being transferred

A warranty deed has one additional guarantee, to defend the title against all challenges. However, the grant deed is commonly used throughout the United States.

The transfer of property is a complex legal transaction that generally places a heavy financial burden on the purchaser of the property. There are many detailed regulations to ensure a clear title and a proper real estate deed transfer. There are often too many elements to monitor for most people to successfully complete a grant deed for the transfer of property without the assistance of an experienced real estate lawyer. They are familiar with the real estate law contracts and other requirements of your state and local jurisdiction, and they can protect your rights in this expensive transaction.