Transfer of Title
Title is the legal evidence of ownership. This topic covers deeds, how title passes, and how title is protected and recorded.
Deeds and Their Covenants
A deed conveys title from grantor to grantee and must be in writing, name the parties, contain a legal description, include words of conveyance, and be signed by the grantor and delivered and accepted. A general warranty deed provides the strongest covenants, warranting title against all defects. A special warranty deed covers only the grantor's own period of ownership, and a quitclaim deed conveys only whatever interest the grantor has, with no warranties.
Title Assurance and Recording
Title may pass by sale, gift, will, descent (intestate succession), or adverse possession. Recording a deed in the county land records gives constructive notice of ownership and establishes priority. A title search and title insurance protect against undiscovered defects, liens, and claims. At closing, ownership transfers when the deed is delivered and accepted.