A deed is a legal document used to transfer ownership of real estate from one person or entity to another. When you buy a home, the seller signs a deed transferring their legal ownership, or title, in the property to you.
The deed identifies the parties to the transfer and the property being conveyed. After closing, it is typically recorded with the local government office responsible for land records, creating a public record of the transfer.
A deed and a title are closely related, but they are not the same thing. The deed is the document used to transfer ownership. Title refers to the legal ownership rights themselves.
Key Takeaways
- A deed is the legal document used to transfer ownership of real estate.
- The deed and title are different: the deed is a document, while title refers to ownership rights.
- Deeds are generally recorded in local land records so the ownership transfer becomes part of the property’s public record.
How Does a Property Deed Work?
A deed documents the transfer of an interest in real property from one party to another.
The person or entity transferring the property is commonly called the grantor. The person or entity receiving the property is the grantee.
In a typical home sale, the seller is the grantor and the buyer is the grantee.
The deed is prepared as part of the closing process. The seller signs the deed according to the requirements of the state where the property is located, and the deed is delivered as part of the transaction.
The deed is then generally submitted to the county recorder, register of deeds, clerk or other local office that maintains real estate records.
Recording requirements vary by state, but recording serves an important purpose: it places the ownership transfer into the public land records and provides notice that the buyer has acquired an interest in the property.
What Information Is on a Deed?
The exact requirements for a valid deed depend on state law, but a deed commonly contains several basic pieces of information.
| Part of the deed | What it tells you |
|---|---|
| Grantor | The person or entity transferring the property. |
| Grantee | The person or entity receiving the property. |
| Legal description | The formal description identifying the real estate being transferred. |
| Words of conveyance | Language showing that the grantor intends to transfer an interest in the property. |
| Ownership or vesting information | How the new owner or owners will hold their interest, when applicable. |
| Signatures | Required signatures documenting the transfer. |
| Recording information | Information added when the deed is entered into the local public record. |
You may also see an assessor’s parcel number, commonly called an APN, on property records associated with the deed. The parcel number is an identifier used by local governments for a particular parcel of land and is different from the property’s legal description.
If you need to locate one, Movoto’s guide to finding a property’s assessor parcel number explains where to look.
What Is the Difference Between a Deed and a Title?
A deed is a document. Title is a legal concept.
Title describes the rights of ownership a person or entity has in a piece of property. The deed is one of the documents used to transfer those ownership rights.
One way to think about the distinction is that you can physically obtain a copy of a deed, but there generally isn’t a single document called “the title” to a house in the same way there is a title certificate for a car.
Instead, real estate ownership is established through deeds and other documents in the chain of title.
| Deed | Title |
|---|---|
| A written legal document | The legal rights associated with ownership |
| Used to transfer an interest in real estate | Describes who has ownership rights in the property |
| Can generally be found in local land records | Established through the property’s ownership history and other legal records |
This distinction is also why a title search is part of many real estate transactions. The deed may identify the person transferring the property, but title work looks more broadly at the ownership history and potential claims affecting the property.
What Are the Main Types of Property Deeds?
There are several kinds of deeds, and the terminology and legal effect can vary by state.
The biggest difference between them is often the level of protection or promises the grantor gives the person receiving the property.
General Warranty Deed
A general warranty deed generally provides broad assurances from the grantor regarding title to the property.
Depending on state law, those protections can extend to title problems that arose before the grantor owned the property.
Special Warranty Deed
A special warranty deed generally provides narrower protection.
Instead of making promises about the property’s entire ownership history, the grantor’s warranties are generally limited to problems that arose while the grantor owned the property.
Grant Deed
Some states use grant deeds in ordinary property transfers.
The warranties attached to a grant deed depend on state law, so the term should not be assumed to mean exactly the same thing everywhere.
Quitclaim Deed
A quitclaim deed transfers whatever interest the grantor has in the property without providing the same assurances about title found in many warranty deeds.
Quitclaim deeds are often associated with transfers between family members, former spouses or entities controlled by the same owner rather than a typical arm’s-length home purchase.
The type of deed used matters because two documents can both transfer an interest in real estate while giving the recipient very different protections.
Does a Deed Prove That Someone Owns a Property?
A recorded deed is an important piece of the ownership record, but reading one deed in isolation does not necessarily tell you everything about the property’s title.
A property can be affected by later deeds, mortgages, liens, court orders, easements or other recorded documents.
Someone researching ownership therefore may need to examine the chain of title rather than simply finding the first deed associated with an address.
If you’re trying to identify the current owner rather than understand a particular deed, Movoto’s guide to finding who owns a property covers the ownership-search process.
Where Are Property Deeds Recorded?
Deeds are generally maintained at the local level.
Depending on the state and county, the office may be called the:
- County recorder
- Register of deeds
- County clerk
- Clerk of court
- Land records office
The name of the office is less important than its function: maintaining the official land records for properties in that jurisdiction.
Many counties make at least some deed information searchable online. Others may require you to visit the office or request copies.
Movoto’s guide to public property records explains which local offices commonly maintain deeds and other information about a property.
How Do You Find a Copy of a Deed?
Start with the local government office responsible for recording real estate documents in the county where the property is located.
You may be able to search using:
- The property owner’s name
- The property address
- The parcel number
- A recording or instrument number
Search options vary considerably between counties.
Some offices allow you to view scanned deeds online for free. Others charge for copies, certified copies or online document access.
If you need a deed for a legal proceeding, estate matter or another purpose that requires official documentation, determine whether you need a certified copy rather than an ordinary printout from an online database.
When Do You Receive the Deed After Buying a House?
The seller generally signs the deed as part of the closing process.
The closing or settlement professional then handles the steps required to record it with the appropriate local office.
You may receive a copy at closing or afterward, depending on how the transaction is handled locally.
Recording itself may occur after you sign the closing documents. The exact timing varies by jurisdiction and the mechanics of the transaction.
For buyers, the important point is that the deed documenting the transfer becomes part of the official land records.
What Does Recording a Deed Do?
Recording places the deed in the public land records.
That provides public notice of the conveyance and helps establish the property’s chain of title.
Recording rules and the legal consequences of failing to record vary by state, so recording should not be reduced to a single nationwide rule about when ownership becomes effective.
In an ordinary financed home purchase, the settlement or closing professional generally handles recording the deed along with other documents that need to enter the land records.
Can a Deed Have More Than One Owner?
Yes. A deed can name multiple grantees.
How those owners hold title can affect their rights to the property, including what happens when one owner dies or wants to transfer an interest.
The available forms of co-ownership and their legal consequences vary by state. Common terminology can include tenancy in common, joint tenancy and, in some jurisdictions, tenancy by the entirety or community property.
If you are purchasing property with another person, the way ownership is stated on the deed can have significant legal and estate-planning consequences. This is an area where state-specific legal advice can be useful.
Can You Change a Property Deed?
Changes in ownership generally require another legal instrument rather than simply editing the previously recorded deed.
For example, a new deed may be used when an owner:
- Adds or removes another owner
- Transfers property to a trust
- Transfers property after a divorce
- Gifts an interest to a family member
- Sells the property to another buyer
The correct document and procedure depend on the circumstances and state law.
Changing the deed can also have consequences involving mortgages, taxes, creditor rights and estate planning, so an ownership change should not be treated as a simple clerical update.
What Should You Check on a Deed?
If you’re reviewing a deed connected with a home purchase or property-record search, start with the basics.
Check that:
- The grantor and grantee names are correct
- The property described is the property you expect
- The legal description is complete
- The ownership or vesting information is correct
- The deed type matches the intended transaction
- The recording information corresponds with the correct county and property
A deed can contain technical legal language, and errors involving ownership or the property’s legal description can be significant. If something appears inconsistent with the transaction, raise the issue with the title company, closing professional or an attorney rather than assuming it is harmless.
Bottom Line
A deed is the legal document used to transfer an interest in real estate from one owner to another.
It identifies the parties and property involved in the transfer and is generally recorded in the local land records. But the deed itself is not the same as title: title refers to the underlying ownership rights the deed transfers.
For homebuyers, understanding that distinction makes the rest of the property-record process easier to follow. The deed shows a conveyance, while the broader public record helps establish who owns the property and what other recorded interests may affect it.
FAQ
What is a deed in real estate?
A deed is a written legal document used to transfer an interest in real estate from one person or entity to another.
Is a deed the same as a title?
No. A deed is a document used to transfer ownership rights. Title refers to the legal ownership rights themselves.
Who is the grantor on a deed?
The grantor is the person or entity transferring the property interest. In a typical home sale, the seller is the grantor.
Who is the grantee on a deed?
The grantee is the person or entity receiving the property interest. In a typical home sale, the buyer is the grantee.
Are property deeds public records?
Recorded deeds are generally part of the local public land records. Access methods and fees vary by county and state.
Where can you find the deed to a house?
Start with the county or local office that records real estate documents where the property is located. Depending on the jurisdiction, it may be called the recorder, register of deeds, clerk or land records office.
What is the most common type of deed?
There is no single deed type used everywhere in the United States. Common forms include warranty deeds, special warranty deeds, grant deeds and quitclaim deeds, but terminology and legal effect vary by state.
Does a deed show who currently owns a property?
A deed shows a recorded transfer of an interest in the property. To determine current ownership, you may need to review subsequent deeds and other land records rather than relying on one deed by itself.
