Transfer of Title
This topic covers deeds and their warranties, how title passes, and how recording and title insurance protect ownership.
Deeds and Warranties
A valid deed is written, identifies 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 special warranty deed covers only the grantor's ownership period; and a quitclaim deed conveys only whatever interest the grantor holds, without warranties, often used to clear title.
Recording and Title Insurance
Title passes by sale, gift, will, descent, or adverse possession. Recording the deed gives constructive notice and sets priority. A title search examines the chain of title, and title insurance protects the owner and lender against undiscovered liens and defects. Marketable title is title reasonably free from doubt or litigation risk.