Purpose of a Grant Deed

Grant deeds transfer ownership of land.

A grant deed is commonly used in arms-length real estate sales. By using the grant deed, the seller warrants he has not sold the property to anyone else or had it encumbered.

No Prior Transfer

With a grant deed, you receive the the seller's assurance that the property has not been transferred to anyone else. The seller will be liable to you to clear the title, if this has occurred.

No Encumbrances

A grant deed also assures you that the seller did not encumber the property when selling it to you; i.e., there is no mortgage, deed of trust or other lien against the property. The seller is liable to you to clear the encumbrance if one is found to exist.

Exceptions

Sometimes a grant deed will expressly state that the seller has transferred or encumbered the property in some way. The buyer acquires title to the property subject to any expressed exceptions to clear title.

Warranty Deed

If you want compete assurances that the seller is transferring a clear title to you, you need to use a general warranty deed.

Quitclaim Deed

A quitclaim deed gives the buyer no assurance whatsoever about the condition of title. The buyer takes title to the property "as is."

References

• FindLaw: Deeds FAQ