Attorney Prepared Deeds
What Real Estate Services Does Easler Law Provide?
- Purchase and Sale Contracts
- Financing and Loan Documents
- Quiet Title Actions
- Residential and Commercial Leases
- Landlord/Tenant and Evictions
- Zoning Regulation
- Title Insurance Services
- Closing Services
- Escrow Services
Deeds are documents that transfer real estate ownership from one person to another and are used for commercial or personal purposes.
Deeds typically include the date the deed was created and the deeds of ownership, names of people transferring deeds, descriptions of the property being transferred from one person or entity to another, and signatures from both parties, unless the document is a quit claim deed.
Property deeds can become very complex, and it is easy to make very costly mistakes, so using a real estate attorney to prepare and file the deed is well worth the investment.
What is a Quit Claim Deed?
The phrase “quit claim deed” (not quick claim) may sound like it means something with no actual value, but that is not the case. Otherwise, deeds would just be called deeds of ownership or deeds of trust. Quit claim deeds are used to transfer interest in the property even if the person transferring deeds does not own the property entirely.
For example, a person inheriting property from a family member or spouse may not inherit the entire title. The deeds would include mention of other people who have partial ownership of the property as well.
In those cases, you can use quit claim deeds to transfer full interest from yourself to the other owners, splitting up deeds between everyone who owns the property.
Who Uses Quit Claim Deeds?
Individuals, families, lenders, businesses, or other parties use quit claim deeds to transfer deeds of a partial interest in real estate. It’s important not to confuse this type of deed with deeds where one person abandons his claim on a piece of property that he does not own.
What is a Correction Deed?
Correction deeds are used to correct information on deeds of ownership when deeds contain errors. For example, you might use this type of deed if someone else’s name appears on your deed instead of yours.
You can also use them to change the date of ownership or any other details that may have been incorrect on the original deeds. Some people create correction deeds for deeds of trust when they discover errors after recording deeds. This can be especially helpful if there are tax implications of the deeds.
Other uses for correction deeds are to remove liens on homes or other real estate, too. For example, if you buy a property, but someone else has priority over your deeds because they put up money to fix problems with the property (a lien), you can use deeds of correction to remove that lien.
If you are trying to correct deeds involving recording errors, be sure the deeds do not affect other deeds or deeds of trust, like changing dates on deeds recorded before your ownership. Otherwise, deeds could become invalid, and you would have to create new deeds of ownership.
What is a Gift Deed?
Gift deeds are deeds of gifts used to transfer deeds from one person to another, usually a gift from a family member or loved one. You can use gift deeds for any reason, including birthday gifts or other special occasions.
The good thing about gift deeds is that you only need the name and date of each person involved in the deed transactions. You don’t need to include ownership deeds if the gift deeds are only transferring deeds, but you can include them to make deeds more official.
It is helpful to attach letters or other writings that explain why someone is giving deeds when using gift deeds. It’s also a good idea to attach any ownership deeds to avoid confusion about deeds on the property.
You can use deeds to transfer deeds for any number of reasons, including inheritances or gifts. It is important to be aware of deeds and how they function in these situations to avoid problems with ownership rights.
What is a Ladybird Deed?
Ladybird deeds were first used in the 1800s and appeared to be meant for women who had interests in a property they did not necessarily own, but there was no law against it.
The deeds all included the phrase “ladybirds” as an informal signature that allowed deeds to be transferred without any actual signatures from the women involved.
Today, ladybird deeds are still written in legalese and require signatures of homeowners who transfer deeds to another person or organization. However, ladybird deeds remain a satisfactory way of transferring deeds among family members and loved ones.
Ladybird deeds can be used to pass down property without the hassle and legal costs that come with signing deeds.
What is a Special Warranty Deed?
A special warranty deed is a type of transfer deed that makes certain promises to deeds. This means deeds must follow through on those promises; otherwise, deeds could be subject to damages or other legal action.
For example, if you create deeds and state that deeds will provide all structures and materials (warranty), the person who receives the deeds is guaranteed these materials and cannot sue deeds if some materials are missing or in bad condition.
If deeds do not follow through on promises outlined in deeds, the homeowner could seek damages. On the other hand, deeds may be able to get out of certain warranties by disclosing any issues with deeds before purchase or by completing deeds after a sale.
What is Grant Deed?
Grant deeds are used to transfer deeds from one person or organization/corporation to another. Unlike correction deeds, grant deeds require signatures from all owners involved and a signing officer for deeds.
What is Easement Deed?
Easement deeds allow landowners to grant people or organizations access to their properties using an easement. For example, if you own a parcel of land and want the neighbors to access a septic tank located on your property, you can use an easement deed for this purpose. Easement deeds are not common but can be very important in certain situations.
Easements are real estate features that give people the right to use real estate belonging to someone else. Easements may be for a specific activity or real estate features, such as the right to cross real estate, or real estate owners may grant an easement to allow real estate access for all actions requiring real estate.
What is Public Easement Deed?
Public easements are real estate easements that are granted to the public. These real estate easements may be granted for any real estate activity that the owner wants to include.
Public real estate easements are granted for real estate features used by everyone, such as roads, railroads, trails, pathways, and real estate for general use.
What is a Private Easement Deed?
Private real estate easements are real estate easements that are granted only to certain real estate users. Unlike public real estate easements, real estate owners do not have real estate access via real estate easements.
What is a Trustees Deed?
Trustees deeds are real estate deeds that allow real estate pass to real property between two different owners without requiring real estate sellers to pay real estate transfer taxes. While this used to be common, trustee deeds are very uncommon today.
What is a Personal Representative Deed (Testate & Intestate)?
Personal real estate representative deeds are real estate deeds that allow the real property to pass between two different owners without requiring real estate sellers to pay real estate transfer taxes. Personal real estate representative deeds are sometimes called testate or intestate, depending on the type of deed used for real property transfers.
Intestate personal real estate representative deed
An intestate real estate representative deed is a real estate deed that does not require a real property transfer tax. This means real estate sellers do not have to pay real estate transfer taxes when transferring real properties to someone else in real estate.
Testate personal real estate representative deed
A testate real estate representative deed is a real estate deed that requires real property sellers to pay real estate transfer taxes. This real estate deed requires real property sellers to pay real estate transfer taxes when transferring real properties to someone else in real estate. The real estate representative’s personal representative is responsible for paying real estate transfer taxes owed by the deceased seller.
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