The Ultimate Guide to Real Estate Deeds: Property Ownership Explained

📘 Quick Summary: What Is a “Deed” in Real Estate?

A real estate deed is the legal document that transfers ownership of a property from one person (the grantor) to another (the grantee). It defines who legally owns the home and what rights come with the property. To be valid, a deed must be signed, notarized, and delivered — and, in most cases, recorded with the county.

• ✔ A deed is the document that transfers property ownership
• ✔ The grantor signs the deed; the grantee receives ownership
• ✔ Different deed types offer different levels of protection
• ✔ Recording the deed makes the transfer part of the public record
• ✔ Deeds work together with real estate title

New to deed concepts? Start with: What Is a Deed in Real Estate?

🔍 How Deeds Work in a Real Estate Transaction

Every home sale — FSBO or agent-listed — requires a deed to transfer ownership. The deed identifies the seller, the buyer, and the property, and formally conveys legal rights. Understanding how deeds work prevents delays, recording issues, or post-closing disputes.

📌 1. Preparing the Deed

The seller (grantor), an attorney, or the title/escrow company prepares the deed based on the type of transfer. It must include the legal description, grantor/grantee names, vesting, and any transfer language required by state law.

Guide: What Is a Deed?

Related: What Is a Document Preparation Fee?

📌 2. Signing & Notarization

The grantor signs the deed in front of a notary. Some states also require witness signatures or additional disclosures.

📌 3. Delivery to the Buyer

A deed becomes legally effective when delivered to the grantee — usually at closing when funds are exchanged and documents are executed.

📌 4. Recording the Deed

Recording at the county recorder’s office makes the transfer part of the public record. This protects the buyer from future claims and establishes priority of ownership.

Guide: How Recording Works →

📌 5. How Deeds Interact with Title

Title companies verify ownership, clear liens, and ensure the deed can be transferred properly. A deed transfers ownership; title insurance protects the buyer after the transfer.

Related Guide: Real Estate Title Guide

📋 Types of Real Estate Deeds (Explained)

These are the most common deed types used in residential real estate. Each link opens a full “What Is” guide with examples, protections, and FSBO use cases.

✔ General Warranty Deed

The highest level of protection for buyers — guarantees clear title against all past defects.

✔ Special Warranty Deed

Guarantees the seller didn’t create title issues during their ownership period.

✔ Special Purpose Warranty Deed

Used in fiduciary sales (trustees, estates, banks). Offers very limited warranties.

✔ Quitclaim Deed

Transfers ownership with no guarantees. Common for family, marriage, divorce, and trusts.

✔ Grant Deed

Guarantees the seller has not previously transferred the property and that it’s free of undisclosed encumbrances.

✔ Bargain and Sale Deed

Common in foreclosures, estate sales, and tax sales. Offers no warranties unless added.

✔ Deed of Trust

Used in many states instead of a mortgage. Transfers title to a trustee until the loan is repaid.

✔ Lady Bird Deed (Enhanced Life Estate Deed)

Allows owners to keep full control during life and pass the property automatically at death — avoiding probate.

✔ Survivorship Deed

Automatically transfers full ownership to the surviving owner when one co-owner dies.

✔ Transfer on Death (TOD) Deed

Lets owners name a beneficiary to receive the property immediately upon death — avoids probate.

✔ Interspousal Transfer Deed

Used to transfer property between spouses without triggering tax reassessment.

✔ Administrator’s Deed

Used by a court-appointed administrator to transfer property from an estate with no will.

✔ Executor’s Deed

Used by an executor named in a will to transfer property out of an estate.

✔ Trustee’s Deed

Used when a trustee transfers property held in a trust. Offers limited warranties.

✔ Tax Deed

Issued when a property is sold due to unpaid taxes. Typically offers no warranties.

✔ Sheriff’s Deed

Given to the winning bidder at a sheriff’s sale after a foreclosure judgment.

✔ Easement Deed

Grants rights to use another person’s land — common for utilities, driveways, and access.

✔ Timber Deed

Transfers rights to harvest timber from a property for a specified period.

✔ Mineral Deed

Transfers ownership of subsurface mineral rights separately from the surface property.

✔ Mineral Rights Reservation Deed

Allows a seller to transfer the land while retaining mineral rights.

✔ Deed Restriction

A recorded limitation on how a property can be used — often created by developers or HOAs.

📑 Deeds vs. Title: What’s the Difference?

Although people often use the terms “deed” and “title” interchangeably, they serve different purposes in real estate:

• Deed: The physical, legal document that transfers ownership.
• Title: The legal ownership rights associated with the property.
• Recording: Makes the deed part of the public record, confirming ownership.
• Title Insurance: Protects buyers and lenders against defects in title.

For a full breakdown of how deeds and title differ, see our Title vs. Deed Comparison Guide →