![]() This means that if there is a problem with one of the covenants (or guarantees), each grantor of a general warranty deed in the title chain would be liable for those title problems. ![]() Plus, they extend back to the origin of the property. The covenants made in the general warranty deed legally bind the grantor. A “warranty” is a guaranty (in this case made by the grantor) that is legally enforceable. Importantly, however, it also conveys certain covenants or “warranties” of title with the property.Ī “covenant” is a promise that certain facts are true. This deed conveys “fee simple” (as do all of the deeds except the Quitclaim deed). The most common warranty deed used in real estate transfers is the general warranty deed. Warranty deeds “warrant” (or guarantee) title to property, thus they must meet specific legal requirements in Florida. Whether a deed is a warranty deed is significant because a warranty deed (whether general or special) provides certain assurances with regard to title that other deeds do not provide. There are two types of warranty deeds - general and special. Quitclaim deeds Florida Law and Two Types of Warranty Deedsīy far the most important type of deed is the “warranty deed.” The most common types of deeds in Florida are:Ĥ. In Florida, there are four common types of deeds, and several variations (i.e., “specialty” deeds”) based on the four common deeds. The type of deed used to convey an interest in real property is important because certain deeds provide specific assurances and guarantees as to title, while others do not. Real property can also be owned as joint tenants, or as tenants in common. Or you could have a life estate interest. Since there are different ownership rights in property (for purposes of this post, we are referring to real property), there are different types of deeds.įor example, you could own fee simple rights in property. The first thing to understand is that there are several different types of deeds.īecause, as noted above, a deed transfers ownership of property. Now that we have a basic understanding of deeds, let’s look at them a bit more closely. use words of conveyance (such as “convey,” “transfer,” and the like).contain a description of the property being conveyed, and.In Florida, regardless of the type of deed used, to be valid, the deed must be in writing, properly executed, delivered to the grantee, and accepted by him/her. The deed can only convey whatever title the grantor has: for example, a fee interest or a life estate, or no title at all. Rather, the deed is the instrument used to convey title from one owner to another. ![]() Although the deed will reflect the title, title is not created by a deed. Title refers to the legal ownership rights a person has in property (whether real or personal). Keep in mind that the deed itself is just a means of conveying real property-it is not “title,” and it does not create title in real property. It is the document that you need if you want to buy, sell, or transfer real property to someone else. Deeds-Just the Basics.īefore we jump into describing the different types of deeds, let’s begin with a basic understanding of what a deed is and what it does.Ī deed is the legal document that transfers ownership of real property from one person to another. ![]() So, let’s take a look at the various types of deeds in Florida and how they can be used to convey title to real property to a decedent’s heirs. Which is why it is important to understand what the different types of deeds are and to work with an experienced probate lawyer to make sure your estate plan fits your needs and does what you want it to do. ![]() Thus, which deed any particular client needs depends on the situation and the interest to be conveyed. It all depends on the circumstances and what property interest the grantor (i.e., person making the transfer) wants to convey.Įach type of deed conveys a different interest in real property. While the attorneys at SJF Law Group use a variety of tools to assist their clients, when it comes to transferring real property, there is only one document that will get the job done: a deed.īecause, you see, there are many types of deeds.Īnd deciding which type of deed to use isn’t always easy. Fitzgerald helps individuals navigate the complex and complicated areas of estate and probate law, she guides them in deciding which is the best way to distribute their property to their heirs. When estate and probate attorney Samantha J. ![]()
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