Grant Deed and Statutory Warranty
Grant deeds are most common California transfer instruments. Grantor warrants ownership and transferability. Express covenants guarantee freedom from encumbrances. Grant deeds provide implied warranty of non-encumbrance. Grant deeds offer more protection than quitclaim deeds.
Quitclaim Deed and Limited Protection
Quitclaim deeds transfer whatever interest the grantor possesses. Grantors make no warranties regarding ownership or title. Quitclaim deeds provide no protection if grantor lacks title. Quitclaim deeds suit transfers between family members or known parties. Buyers should avoid quitclaim deeds from unknown grantors.
Special Warranty Deed and Limited Warranties
Special warranty deeds warrant against defects grantor created. Covenants don't address title issues preceding grantor's ownership. Special warranty deeds suit property management transfers. Comparing warranty types reveals protection differences. Understanding warranties guides deed selection.
Deed Requirements and Recording Procedures
Deeds must identify grantee, grantor, and property legally described. Deeds must be signed by grantor before notary. Unrecorded deeds create title and possession issues. Recording protects against competing claims. Proper execution and recording ensure valid transfers.
Deed Restrictions and Conditions
Deeds may include covenants running with land restricting use. Conditions precedent may trigger grantor interest reversion. Restrictions limit future uses or modifications. Understanding deed restrictions reveals property limitations. Restrictive covenants require explicit agreement and understanding.
Transferring Title and Documentary Requirements
Title insurance policies address deed-related title issues. FIRPTA requirements apply to foreign national seller transfers. California Real Estate Transfer Tax applies to most transfers. Tax documentation and forms must accompany deed recording. Proper documentation ensures legal, compliant transfers.