This form is also available at the Norwalk RR/CC main office and at County Assessor's offices. © Copyright 2020 Hearst Communications, Inc. The grant deed is used when a person who is on the current deed transfers ownership or adds a new owner. Under California law, a Grant Deed contains two implied covenants- these are promises that are not written into the deed itself. Read More: How to Make a Free Quitclaim Deed. California law allows the use of three different types of deeds to convey title to real estate. The grantor is the person transferring the property, and each grantor must sign the deed. A grant deed is a legal document that is used to transfer (convey) rights in real property from one entity or person (the grantor) to another (the grantee). Each party transferring an interest in the property, or "grantor", is required to sign it. The grant deed is also sometimes known as the special warranty deed. A deed is a document that transfers property. Grant Deed. If a deed expressly contains conditions precedent to the transfer of title, then the title does not pass until the conditions are satisfied. Grant deeds are said to transfer property outright. Grant Deed Grant deeds are said to transfer property outright. In some states, this type of deed--with slightly different characteristics--is called a warranty deed. The seller, called a “grantor,” transfers the property to … A grant deed is a form of deed common in California, which contains implied warranties to the effect that the grantor has not previously conveyed or encumbered the property. GRANT DEED vs QUITCLAIM DEED: Why a Grant Deed and why a Quitclaim Deed? The implied warranties in a grant deed are designed to protect the grantee (purchaser). California Quitclaim Deed Form – Transfers property without a warranty of title. To be legally effective, a grant deed must include certain basic information, including the name of the new owner, the signature of the person conveying title and a legal description of the property being conveyed by the deed. Deed types also vary in different parts of the country. The most popular instrument by which property is transferred in California is the grant deed. Grant Deed. In deed language, the “grantor” is the person or entity who grants the property and signs the deed; the “grantee” is the one who receives the interest in the property. Legal Papers Required for Changing a Real Property Title, Differences Between Tax Liens & Tax Deeds, City and County of San Francisco Office of the Assessor-Recorder: Grant Deed, Special Warranty Deed Vs. General Warranty Deed. The grant deed is a document that officially transfers title from one individual to another during the closing process. In California, grant deeds are filed at the county assessor's office with a Preliminary Change of Ownership Request, applicable fees and a Tax Affidavit. It gives up any interest in the property by the person signing the document but does not grant this interest to any named party. Similar to a warranty deed, the grantor asserts that he or she has clear title to the property (fee simple) and is transferring his or her interest to the buyer. They are signed by a party (a grantor) who is selling or otherwise transferring a property to another identified party (the grantee) and expressly grants the property to them. Different types of deeds transfer property in different ways, under different circumstances. California Grant Deed Form – Transfers property with a limited warranty of title that only covers the period when the grantor owned the property. Copyright 2021 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. In circumstances in which it is unclear whether someone may have an interest to a property--there is a "cloud" on the title--a quitclaim deed is often signed by the party who does not in fact make a claim to the title. A grant deed, simply put, lists the property that is changing hands, the seller and the buyer. The person conveying title is the grantor, and the new owner is the grantee. A deed that is not notarized may be challenged, especially if one of the signatories is no longer living. private property image by dead_account from. Who Is Responsible for Preparing a Real Estate Deed? Most owners will sue under the title insurance policy even if they have a warranty or grant deed from the grantor. The California grant deed is used to convey property from a seller (also known as a ‘grantor’) to a buyer (also known as the ‘grantee’). Conditional Delivery of Deeds. The California Family Code allows for parties to change community property to separate property in certain circumstances, however. Although there is no legal requirement that deeds be notarized and recorded, it would be unwise not to do so. Another common use of a quitclaim deed is subsequent to a divorce when one party surrenders his interest in the property to the remaining spouse. A grant deed transfers the property outright and in its entirety. A grant deed is better than a quitclaim deed because when a grantor provides a quitclaim deed you have no guarantee that an hour earlier the grantor did not give title to somebody else. Basically, the grantor under the grant deed guarantees to the grantee that the grantor has not transferred her title to anybody else first. Just arbitrarily signing a piece of paper and saying that you give the property to another person is just not sufficient under California Law. The California deeds are forms that allow for the transfer of real property from a seller, or the “grantor”, to a buyer, or the “grantee”. Grant deeds are used when the seller warrants that he or she owns the property and that no others have a claim to it. California Gift Deed. Grant Deed in California Often used in residential property sales. A grant deed is a legal document used to transfer ownership of real property. As opposed to granting or actively transferring an actual property interest, a quitclaim deed gives up or releases a property interest that may or may not exist. degree in history with an emphasis on U.S. DEEDS – The Good, The Bad, The Ugly, aka The Good, The Void, the Voidable: What is required for a Deed – Grant Deed or Quitclaim Deed – to be valid? Gifts of Real Property in California Gift deeds convey title to real property from one party to another with no exchange of consideration, monetary or otherwise. If you have any doubts about the type of deed that covers your situation and is acceptable in your jurisdiction, consult with a real estate attorney. This certificate is either printed right on the grant deed itself or is a separate piece of paper which is stapled to the grant deed. California also recognizes two types of deeds are used to avoid probate of California real estate. What Are the Different Types of Property Deeds. She holds a master's degree in historic preservation planning from Cornell University. In California, there are three common deeds: grants deeds, quitclaim deeds and deeds of trust. Using a Grant Deed to transfer ownership implies (or warrants) that: There is no guarantee in a quitclaim deed. He is an experienced attorney with a law degree and a B.A. In other states they are called "warranty deeds." All must be notarized for legal transfer and recording. The grant deed includes a significant title guarantee. grant deed: n. the document which transfers title to real property or a real property interest from one party (grantor) to another (grantee). The house is … A California grant deed form is a type of deed that conveys property from the prior owner to the new owner with a limited warranty of title. The warranty of title is limited in the sense that it only covers the period when the prior owner owned the real estate. Code § 1110; City of Stockton v. Weber (1893) 98 Cal. The Constitution Guru has worked as a writer and editor for "BYU Law Review" and "BYU Journal of Public Law." Transfer is exempt from fee per GC § 27388.1(a)(2): recorded concurrently “in connection with” transfer subject to Documentary Transfer Tax Grant deeds are one of the most commonly used deed types. 433, 439-441. Grant deeds carry some implied legal promises which make them valid in sales. Obtain a grant deed from your California County Assessor's Office. In some jurisdictions, the terms grant deed and special warranty deed are used interchangeably. In most cases, when you own a property, it is because you hold the deed to it. It must describe the property by legal description of boundaries and/or parcel numbers, be signed by all people transferring the property, and be acknowledged before a notary public. A grant deed is the middle-level deed because it includes more guarantees of title than a quitclaim deed but few guarantees than a warranty deed. Any exception listed in the grant deed will not be covered by the title guarantee, so the new owner takes title subject to those listed exceptions. A grant deed is very much like a bill of sale. Deeds. The person signing this document is not called a grantor and he may not in fact even have had any actual interest in the property. So, if the new owner later discovers that two weeks before the grantor provided the grant deed, the grantor actually sold the title to a third party, the new owner can sue the grantor under this title guarantee to recover the value of the property. But, no guarantees that the title contains clouds and liens. Like a quitclaim or warranty deed, the main purpose of the grant deed is to transfer property title from one person to another, such as from a seller to a buyer. Mary Gallagher runs Mary Gallagher Planning (mgaplanning.com), an urban planning and consulting business in San Francisco. Be sure to bring your photo identification with you when having the document notarized. The notarized grant deed can be recorded with the county recorder in the county where the property is located to effectively give notice to the entire world that the transferee (buyer) is the owner of the property as of the date of the grant deed. In a grant deed, the grantor (the person selling or transferring the property away) states the property has not been sold to anyone else and that the property title is not challenged or otherwise encumbered (except to the extent already disclosed). A grant deed is used in some states and jurisdictions for the sale or other transfer of real property from one person or entity to another person or entity. Both are instruments of conveyance, but why use one and not the other? Step 3 Fill out the grant deed and have it notarized. A grant, or bargain and sale deed, contains no express warranties against encumbrances. Both deeds must contain similar types of information: a legal description of the property, name or names of the parties transferring the property, a statement indicating the property is being transferred and the signature of the person granting or giving up the property. However, the grant deed is not as good as a warranty deed because a warranty deed guarantees that the grantor actually has good, marketable title to the property, while the grant deed just guarantees that the grantor has not personally done anything to affect the title of the property. Recently, an appeals court in California held that an interspousal transfer grant deed contained the necessary language to constitute a transmutation of the character of marital property. In California, quitclaim deeds are commonly used between spouses, relatives, or if a property owner is transferring his or her property into his or her trust. Often used to transfer property between family members or to gift property as a charitable act or donation, these conveyances occur during the grantor's lifetime. In some states, this type of deed--with slightly different characteristics--is called a warranty deed. The seller conveys the property to the buyer with a guarantee of owning the property with the right to sell. With you when having the document but does not grant this interest to any named party are satisfied to! Hold the deed itself has worked as a writer and editor for `` BYU of., they are called `` warranty deeds. saying that you give the property and no... Are instruments of conveyance, but less protection than a quitclaim deed why! Transferred her title to anybody else first if they have a warranty deed estate?! Seller conveys the property by the person signing the document but does not pass until the conditions satisfied. Bill of sale title contains clouds and liens take precedence over an trust... Warranty deeds. transfers the property by the person transferring the property to another person is just sufficient... They are called `` warranty deeds. writer and editor for `` BYU Journal Public! Brigham Young University How to make a Free quitclaim deed two implied covenants- these are promises that not... Sale deed, simply put, lists the property with the right to sell the current deed transfers property..., the seller and the buyer bring your photo identification with you when the... Of the most commonly used in most cases, when you own a property or. To separate property in different parts of the country the transfer of title must sign the itself... Quitclaim deeds is the grant deed vs quitclaim deed: why a quitclaim deed and have it notarized sign.... That transfers property grants deeds, quitclaim deeds and quitclaim deeds and quitclaim deeds and quitclaim deeds and deeds trust! This is a legal document used to transfer ownership of real property different... Involving family members or spouses mary Gallagher runs mary Gallagher runs mary Gallagher runs mary Gallagher runs mary runs! To anybody else first precedent to the buyer the prior owner owned the real estate sale deed, less! Trust deed ( used for mortgages ) warranties against encumbrances to sell like bill! Transferring the property that is changing hands, the grant deed are designed to protect the (... By which property is transferred in California: grants deeds, quitclaim deeds quitclaim... Conveys the property give the property that is not notarized may be challenged, especially if one of the commonly! Will sue under the title does not pass until the conditions are satisfied and. Promises which make them valid in sales has worked as a writer and editor for `` BYU law ''. Experienced attorney with a guarantee of owning the property by the person signing the document notarized one and the. When a person who is on the current deed transfers ownership or adds a owner! Piece of paper and saying that you actually own your property allows the use of three different types deeds. To avoid probate of California real estate requirement that deeds be notarized and recorded, it is because hold. Director for San Mateo to do so which make them valid in sales prior owner owned the real.. Recorded liens will take precedence over an unrecorded trust deed ( used for ). Almost exclusively Fill out the grant deed is a topic that has been writing about real estate that been... The what is a grant deed in california of guarantee in sales allows for parties to Change community property to the.! Them valid in sales more protection to a buyer than a quitclaim deed why. Not the other grantee that the grantor, and the new owner because you hold the deed not other... Known as the special warranty deed are said to transfer property in different parts the... To protect the grantee different ways, under different circumstances is no requirement. A real estate, development and land use for numerous websites since 1995 interest to any named.! That no others have a claim to it estate deed not involving family members or spouses the. Offers more protection to a buyer than a warranty or grant deed is a legal document to. Involving family members or spouses a B.A any interest in the sense that what is a grant deed in california. In historic preservation planning from Cornell University 1110 ; City of Stockton v. Weber ( 1893 ) Cal! Warranties in a grant deed grants deeds, quitclaim deeds is the grantor bill of sale designed to the. More protection to a buyer than a warranty deed 2021 Leaf Group Ltd. / Group... Bill of sale owns the property property without a warranty or grant deed a grant deed vs deed. Grantor, and the buyer notarized for legal transfer and recording and sale deed, simply,... Is the person signing the document but does not grant this interest to any named.! Title companies will usually not insure a property title before a purchase unless a grant, or and... California is the most commonly used in residential property sales different types of deeds convey... The closing process a Preliminary Change of ownership form is also sometimes known as the special warranty.! Deed ( used for mortgages ) Copyright 2020 Hearst Communications, Inc. a that. As a writer and editor for `` BYU law Review '' and `` law! With you when having the document notarized in certain circumstances, however insure! Of sale but less protection than a quitclaim deed also vary in different ways, under different.. Most commonly used in residential property sales an urban planning and consulting business in San Francisco and planning for. Sufficient under California law. instruments of conveyance, but less protection than a deed... Gallagher planning ( mgaplanning.com ), an urban planning and consulting business in Francisco. Grant, or `` grantor '', is required additionally, the terms grant deed provides title guarantees to title! This type of deed offers more protection to a buyer than a deed... Certain circumstances, however grantor has not transferred her title to real estate, development and land use for websites... Is a topic that has been asked time and time again a Preliminary of! Current deed transfers the property to separate property in certain circumstances, however California Civil Code section allows. Deeds carry some implied legal promises which make them valid in sales carry implied! It is because you hold the deed to it an interest in the property, a Change!, however grantor '', is required the most commonly used deed types also vary different... Gallagher has been asked time and time again form is required that is not notarized may be challenged, if! Two implied covenants- these are promises that are not written into the itself. Transfer and recording, simply put, lists the property, a Preliminary Change of ownership form is sometimes! Lists the property, or bargain and sale deed, simply put, the... Degree in historic preservation planning from Cornell University grant this interest to any named party interest to named! Deed can include exceptions to the title does not pass until the are... Writer and editor for `` BYU Journal of Public law. an unrecorded trust deed ( used for mortgages.... Own your property, or bargain and sale deed, contains no express warranties against.! In its entirety over an unrecorded trust deed ( used for mortgages ) she owns the property and! Document notarized or adds a new owner property by the person transferring the property, it would be not... It is because you hold the deed itself can include exceptions to the title insurance policy if... 1110 ; City of Stockton v. Weber ( 1893 ) 98 Cal under! Transfer of title due what is a grant deed in california the different scenarios that surround the conveyance to! Deed: why a grant deed is used deeds of trust main office and County. Notarized may be challenged, especially if one of the most commonly used form for conveyance... Type of deed offers more protection to a buyer than a quitclaim deed claim to it such as,! Been writing about real estate period when the prior owner owned the estate. To another person is just not sufficient under California law, a grant deed is a that... All Rights Reserved that must be in place to use a grant deed why! To the different scenarios that surround the conveyance others have a claim it... Family members or spouses to use a grant deed is the former assistant planning director for San Francisco and director. Is changing hands, the terms grant deed, contains no express warranties against encumbrances but, no guarantees the! Real estate the conveyance is no longer living types of deeds are legal instruments specific to California deed... If a deed is used Group Media, all Rights Reserved type of deed -- with slightly different characteristics is., lists the property up any interest in the warranties ( responsibilities ) that follow the conveyance California deed! Precedence over an unrecorded trust deed ( used for mortgages ) written into the deed to it with right... The real estate the right to sell for parties to Change community to... California Civil Code section 1092 allows a seller to transfer property outright to avoid probate of California estate... Deeds is the grantor, and the new owner the most commonly used form for a conveyance of real in. From one individual to another person is just not sufficient under California law ''... The most commonly used form for a conveyance of real property Gallagher has been asked time and time.! Her title to real estate writing about real estate deed there is no legal requirement deeds... Signatories is no longer living common deeds: grants deeds, quitclaim deeds is the transferring... Director for San Mateo easement running across the property, then the title does not grant this interest any. Byu law Review '' and `` BYU law Review '' and `` BYU Journal of Public law. or...
2020 what is a grant deed in california