Grant deed
Encyclopedia
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. Each party transferring an interest in the property, or "grantor", is required to sign it. Then the document must be acknowledged before a notary public
(notarized) or other official authorized by law to administer oaths. The notary public or other official then places a seal and marks the document accordingly to show that it was properly signed and acknowledged. The reason the document must be notarized is to provide evidence that the signature of the grantor is genuine as transaction documents are sometimes forged. Some jurisdictions use the warranty deed
to transfer real property instead of the grant deed. The quitclaim deed
is also sometimes used, although this document is most often used to disclaim any interest in a property rather than selling a property that one owns.
The types of deeds that are now used to transfer real property are a relatively modern invention. Previously, the grantor transferred the property to the buyer, called the "grantee", by performing some commonly recognized deed, such as picking up a handful of soil of the property to be transferred, handing it to the buyer, and reciting legally prescribed words that acknowledged the transfer in the presence of witnesses. This was called livery of seisin
. Over time, and particularly with the development of modern technology that permits government offices to keep accurate copies of documents, the physical deed that was formerly performed in order to transfer a property was replaced by the paper deed, also known as a deed poll
, that is now commonly used.
Real property
In English Common Law, real property, real estate, realty, or immovable property is any subset of land that has been legally defined and the improvements to it made by human efforts: any buildings, machinery, wells, dams, ponds, mines, canals, roads, various property rights, and so forth...
from one person or entity to another person or entity. Each party transferring an interest in the property, or "grantor", is required to sign it. Then the document must be acknowledged before a notary public
Notary public
A notary public in the common law world is a public officer constituted by law to serve the public in non-contentious matters usually concerned with estates, deeds, powers-of-attorney, and foreign and international business...
(notarized) or other official authorized by law to administer oaths. The notary public or other official then places a seal and marks the document accordingly to show that it was properly signed and acknowledged. The reason the document must be notarized is to provide evidence that the signature of the grantor is genuine as transaction documents are sometimes forged. Some jurisdictions use the warranty deed
Warranty deed
A general warranty deed is a type of deed where the grantor guarantees that he or she holds clear title to a piece of real estate and has a right to sell it to the grantee . The guarantee is not limited to the time the grantor owned the property—it extends back to the property's origins. A General...
to transfer real property instead of the grant deed. The quitclaim deed
Quitclaim deed
A quitclaim deed is a legal instrument by which the owner of a piece of real property, called the grantor, transfers his interest to a recipient, called the grantee. The owner/grantor terminates his right and claim to the property, thereby allowing claim to transfer to the...
is also sometimes used, although this document is most often used to disclaim any interest in a property rather than selling a property that one owns.
The types of deeds that are now used to transfer real property are a relatively modern invention. Previously, the grantor transferred the property to the buyer, called the "grantee", by performing some commonly recognized deed, such as picking up a handful of soil of the property to be transferred, handing it to the buyer, and reciting legally prescribed words that acknowledged the transfer in the presence of witnesses. This was called livery of seisin
Livery of seisin
Livery of seisin is an archaic legal conveyancing ceremony, formerly practiced in feudal England and in other countries following English common law, used to convey holdings in property. The term "livery" is related, if not synonymous with, the word "delivery" as used in modern contract law...
. Over time, and particularly with the development of modern technology that permits government offices to keep accurate copies of documents, the physical deed that was formerly performed in order to transfer a property was replaced by the paper deed, also known as a deed poll
Deed poll
A deed poll is a legal document binding only to a single person or several persons acting jointly to express an active intention...
, that is now commonly used.