Transfer of Title
This topic covers deeds, the ways title passes (including adverse possession), and how recording and title insurance protect ownership.
Deeds and Methods of Transfer
A valid deed is written, names the parties, describes the land, includes words of conveyance, and is signed by the grantor and delivered and accepted. A general warranty deed gives the strongest covenants; a quitclaim deed conveys only whatever interest the grantor holds. Title may pass by sale, gift, will, descent, dedication, or adverse possession (open, continuous, exclusive, hostile use for the statutory period).
Recording and Title Assurance
Recording a deed gives constructive notice and establishes priority against later claims. A title search reviews the chain of title, and title insurance protects the owner and lender from undiscovered liens and defects. Marketable title is title reasonably free from doubt. In some jurisdictions an attorney reviews title as part of closing.