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What is a property deed anyway?

A property deed is a written and signed legal instrument used to transfer ownership of real property from the old owner (the grantor) to the new owner (the grantee).

Essential Deed Elements

Each state has its own requirements, however in Kentucky most deeds must contain several essential elements to be legally valid:

It must be in writing. The grantor must have legal capacity to transfer the property and the grantee must be capable of receiving the grant of the property. A person who is competent to make a valid contract is considered competent to be a grantor. The buyer and seller, or grantor and grantee, must be clearly identified. The property must be adequately described. Operative words of “conveyance must be present. (Conveyance refers to the written contract between the seller and the buyer stating the agreed-upon purchase price and date of actual transfer, as well as the obligations and responsibilities of both parties) The deed must be signed by the grantor or grantors if the property is owned by more than one person. The deed must be legally delivered to the grantee or to someone acting on the grantee's behalf. The deed must be accepted by the grantee.

Types of Deeds

Deeds can be classified in many different ways. Such as official or private, and they can be categorized based on the type of title warrantee provided by the grantor. Some types of deeds include:

  • General Warranty Deed

  • Special Warranty Deed

  • Quitclaim Deed

  • Administrator's Deed

  • Executor's Deed

  • Sheriff's Deed

  • Tax Deed

  • Deed in Lieu of Foreclosure

  • Deed of Gift (Gift Deed)

What you really need to know about deeds

The transfer of a property's title is made by a deed. Certain essential elements must be contained within the deed in order for it to be legally acceptable. Different deeds provide various levels of protection the buyer and obligations for the seller. Deeds are an important part of the legal transfer of property ownership, and they can be complicated. Make sure you seek professional help from Borders and Borders real estate attorneys to ensure your transaction is safe, valid and that it provides you with the confidence and peace of mind you want when dealing with one of the biggest financial steps of your life.

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