A Property Deed, or a Deed of Property, is a legal document used in real estate to transfer ownership of real property from a Grantor (the seller of the property) to a Grantee (the buyer of the property).
Real property is defined as a particular plot of land and anything attached to that land, such as roads or buildings. A Deed Property will generally only be considered valid and legally operative if it includes an identification of the Grantor and the Grantee, and an adequate description of the property being transferred. In addition to these requirements, the following conditions must be met for a Deed for Property (or any deed) to be considered legally valid:
- The deed must be in writing. While most deeds are completed on printed forms, there is no legal requirement that any specific form is used as long as the essential elements are included.
- The grantor must have the legal capacity to transfer the property and the grantee must be capable of receiving the grant of the property. A person who is competent to make a valid contract is considered competent to be a grantor.
- Operative words of conveyance must be present. All standard form deeds include the necessary legal language that actually transfers the property.
- The deed must be signed by the grantor or grantors if the property is owned by more than one person.
- The deed must be legally delivered to the grantee or to someone acting on the grantee's behalf.
- The deed must be accepted by the grantee. Typically, deeds are accepted by the grantee but in certain circumstances, the grantee could reject delivery of the deed.
Other conditions may need to be met depending on the state where the deed is being filed in. Make sure to check for any such conditions as you file a Property Deed.
The Property Deed Form is a very simple form to fill out. Make sure to download the form in PDF before printing it to ensure that all information entered and the format of the form will remain intact even after being printed or otherwise submitted to the relevant person or entity.
It may be beneficial to have any relevant documents to the promised payment to ensure that all information entered on this form is correct and updated. Make sure that all parties involved agree to the terms outlined below.
Instrument Prepared By
Enter the name and address information of the person that prepared this form.
After Recording, Return to
Enter the name and address information of the person that the form should be returned after it is properly recorded.
Enter the state where the property is located in.
Enter the county of the state where the property is located in.
Enter the amount paid to purchase the property. Write it in words and numbers in the given spaces.
Enter the name(s) of the Grantor(s) of the deed.
Enter the Grantor’s current address information.
Enter the city of the Grantor.
Enter the state of the Grantor.
Enter the name(s) of the Grantee(s).
Enter the Grantee’s current address information.
Enter the city of the Grantee.
Enter the state of the Grantee.
Location of Property
Enter the location of the property in the county and what state it is located in.
Description of Property
Enter a short description of the property in the space provided, or attach Exhibit A to the form if applicable. Make sure that your description of the property is clear and contains all relevant details. You may use an extra sheet of paper.
This section declares that granting, warranting, and conveying the above-declared property to the Grantee will also include any rights, members, and appurtenances to the property as well as anything else pertaining or belonging to the property.
To Have and to Hold
This section declares that the Grantee will hold all rights, privileges, tenements, appurtenances, and improvements attached to the above-declared property.
Encumbrances on the Property
This section declares that the property is clear and free of all liens and encumbrances attached to it, with the exception of any restrictions pertaining to the real estate of record in the probate office of the county and any taxes due for the current and subsequent years. The Grantors will also be expected to warrant and defend this same right to the Grantees against the lawful claims of any person for as long as the Grantees remain the lawful owners of the property.
Witness - Grantor
Have the Grantor(s) sign the form in the space provided.
Enter the full name(s) of the Grantor(s).
Enter the current or primary street address of the Grantor(s).
City, State, and ZIP
Enter the city, state, and ZIP code of the Grantor(s).
Witness - Grantee
Have the Grantee(s) sign the form in the space provided.
Enter the full name(s) of the Grantee(s).
Enter the current or primary street address of the Grantee(s).
City, State, and ZIP
Enter the city, state, and ZIP code of the Grantee(s).
Enter the state where the deed is being notarized in.
Enter the county where the deed is being notarized in.
Grantor and Grantee’s Names
Enter the names of the Grantor(s) and Grantee(s) that appeared before the notary public.
Enter the day, month, and year that the form was notarized.
Notary Public Name and Signature
Have the Notary Public sign or stamp the form in the space provided, and enter their full name.
Enter the date that the Notary Public’s commission will expire.
What are some tips when filling out a Property Deed?
The Property Deed PDF is a very simple and short form to fill out. However, as it is a legal document that records the transfer of property, it is important to make sure that all information entered is correct and updated. This will help to ensure that no legal issues or even issues with the transaction arise due to the wrong information being entered on the form.
Keep the form in a safe and secure place. Make sure to keep the form in an organized space. This will help to avoid issues that may arise from losing a copy of the form, such as the transaction going wrong, or even identity theft.
Legal advice. It may be beneficial for you to seek legal advice to review the terms and conditions as outlined on the form. While a Notary may be a legal professional themselves, their purpose is to prevent fraud, and as such will not be giving either party legal advice. Because of this, you may wish to consult a lawyer or other legal professional.
Practice good contract management. Create a copy of the accomplished form and store it in a safe and secure area. This will be useful for backup purposes should something happen to the original copy, or for any possible future legal purposes.
Who needs to use a Property Deed?
Property Deeds are used by Grantors (any person or group of people that has the legal capacity to transfer a property and the competency to make a valid contract) to formally transfer ownership of a property to a Grantee (any person or group of people that have the legal capacity to receive the property) following the property’s purchase. The form itself must also be notarized, in order to help prevent issues of fraud.
A property deed is a legal document that transfers ownership of real property from one person to another. It is generally used when conveying property as a result of a sale, but can also be used to give property as a gift or to transfer property between family members. The deed must be signed by the grantor (seller) and delivered to the grantee (buyer) in order for the transfer of ownership to be valid.
In some cases, a property deed may be used to convey property that is encumbered, such as when a mortgage or other lien is being paid off and the title is being transferred free and clear of any financial obligations. A deed may also be used to change the way in which title is held, such as when converting property from sole ownership to joint tenancy.
In general, those who need to use a property deed include:
- Grantors conveyancing property
- Grantees receiving property
- Notaries public notarizing the deed
- Witnesses to the deed, if required by state law
Which is more important, title or deed?
There is no definitive answer to this question – it depends on each individual situation. However, in general, the title of a property (i.e. who owns the land) is more important than the deed (i.e. who has the right to use or occupy the land). This is because the title is what gives someone the legal right to own or use the property, while the deed is simply evidence of that right.
If you are buying a property, it is essential that you check both the title and the deed to make sure that everything is in order and that you are getting what you expect. For example, if there are any restrictions on the use of the property (such as planning permission), then these will be recorded in the title and you will need to be aware of them. Similarly, if there are any outstanding debts or other legal claims against the property, these will also be recorded in the title and could potentially affect your ownership.
In summary, while both the title and deed are important, the title is usually seen as being more important than the deed. This is because it is the title that gives someone the legal right to own or use the property, while the deed is simply evidence of that right.
How do I prove I own my house?
This is a common question asked by homeowners. The answer may vary depending on your specific situation, but there are some general things you can do to help prove ownership of your home.
One of the simplest things you can do is keep good records. This means keeping track of all documentation related to your home, such as purchase documents, mortgage documents, insurance documents, etc. Having these records readily available can help show that you are the rightful owner of the property.
Another thing you can do is stay up-to-date on your property taxes. Paying your property taxes on time each year is a good way to show that you are actively involved in maintaining ownership of your home.
The use of a title or property deed can also help show that you are the rightful owner of a property. A title is a legal document that shows evidence of ownership, while a deed is a physical document that can be used to transfer ownership of a property.
If you have any questions about how to prove ownership of your home, you should contact an experienced real estate attorney for assistance.
What happens to deeds when the mortgage is paid off?
Once you have paid off your mortgage, the lender must provide you with a satisfaction of mortgage form. This document releases the property from the security of the mortgage and is recorded in the county land records. The deed, which is also recorded in the land records, now shows that you own your home outright. You may wish to have a new deed prepared that specifically states that no mortgage exists on the property.
The mortgage company will also send you a release of lien form, which you will need to file with the county clerk's office. Once this form is filed, anyone doing a title search on your property will see that the mortgage has been paid off and that there are no outstanding liens against the property.
When you have paid off your mortgage, it is always best to consult with an attorney to ensure that all of the necessary paperwork has been completed correctly and that your rights as a homeowner are fully protected. If you have any questions or concerns about your mortgage, be sure to contact your lender directly.
How do I verify property ownership?
There are a few ways that you can verify property ownership. Here are some of them:
- Public Records — One way to verify property ownership is through public records. You can contact your local county recorder or assessor’s office and ask for a copy of the property’s deed. The deed will have the name of the current owner, as well as any past owners.
- Title Search — Another way to verify property ownership is to do a title search. This can be done through a title company, an attorney, or a real estate agent. A title search will show you any liens or encumbrances on the property, as well as the chain of ownership.
- Physical Inspection — You can also verify property ownership by doing a physical inspection of the property. This can be done by looking for any signage on the property that indicates who the owner is. You can also look for a “for sale” sign, which would indicate that the owner is trying to sell the property.
- Tax Records — One final way to verify property ownership is through tax records. You can contact your local assessor’s office and ask for a copy of the property’s tax records. The tax records will show the name of the current owner, as well as any past owners.
Verifying property ownership can be important for a variety of reasons. If you’re planning on buying a property, you’ll want to make sure that the person selling it to you is the rightful owner. If you’re planning on selling your property, you’ll want to make sure that there are no outstanding liens or encumbrances on the property. And if you’re planning on borrowing money against your property, you’ll want to make sure that you have clear title to the property. Whatever your reason for verifying property ownership, there are a few different ways that you can go about it.
Can I keep my house deeds at home?
Yes, you can keep your house deeds at home. You should keep them in a safe place, such as a fireproof safe or a safety deposit box.
Deeds are important documents that show ownership of property. They should be kept in a safe place so that they are not lost or damaged.
Once lost or damaged, they can be difficult or impossible to replace. If you need to get a new deed, it can be a costly and time-consuming process. Moreover, if your deed is not up-to-date, it could cause problems when you try to sell your property.
It is therefore crucial that you keep your deeds safe. You can do this by keeping them in a fireproof safe or a safety deposit box. This will ensure that they are protected from fire, water damage, and theft.
How do I get a title deed?
Title deeds are legal documents that prove ownership of a property. In order to get a title deed, you must first purchase the property. Once the purchase is complete, the title deed will be given to you by the seller. If you are buying a property through a real estate agent, they will usually handle the transfer of the title deed for you.
If you are getting a deed as a result of a court order, such as a divorce or probate, the court will provide you with the deed. You may also be able to get a copy of your title deed from your local land registry office.
If you need a replacement title deed, you can usually get one from your mortgage lender. They will have a record of the property and should be able to provide you with a new deed. You may also be able to get a replacement title deed from the land registry office, but this may take longer and cost more money.
As the owner of a property, it is important to keep your title deed in a safe place. This document is proof of your ownership and can be used to transfer ownership or sell the property in the future.
What if I can’t find my house deeds?
If you're not sure where your house deeds are, don't worry - you're not alone. In fact, it's estimated that one in five homeowners don't know where their property deeds are either.
There are a few reasons why this might be the case. Perhaps you've moved house a few times and the paperwork has got lost in the shuffle. Or maybe you've never had a mortgage and so assume that you don't need to keep the deeds safe.
Whatever the reason, if you can't find your house deeds don't panic. There are a few steps you can take to try and track them down.
In the US, your mortgage lender should have a copy of your property deeds on file. So, if you're struggling to locate them, your first port of call should be your mortgage company. They may be able to provide you with a copy of the deeds or tell you where they are stored.
If your mortgage lender doesn't have a copy of the deeds, then your next step is to contact the county recorder's office in the county where your property is located. The recorder's office will have a record of all the properties in the area and should be able to provide you with a copy of your deeds.
Once you have a copy of your deeds, it's important to keep them safe. You might want to consider storing them in a fireproof and waterproof safe, or alternatively, you could keep them in a safety deposit box at your bank.
If you're still struggling to track down your property deeds, then you might want to consider hiring a professional conveyancer or property lawyer who will be able to help you find them.
Are title deeds proof of ownership?
No, title deeds are not proof of ownership. However, they may be useful in establishing ownership of property. Title deeds typically include the names of the current owner and any previous owners, as well as a description of the property. They may also include information about mortgages or other liens on the property.
A title deed acts as evidence of the ownership claim. The owner may be asked to provide a title deed if they want to sell the property or borrow money against it. In some countries, the title deed is also used as a form of identification.
All in all, title deeds are one way to establish ownership of property, but they are not the only way. Other methods include proving continuous occupancy or paying property taxes.
Why is a title deed necessary?
There are several reasons why a title deed is necessary:
- It is the best proof of ownership of a piece of property. A title deed shows not only who the current owner is, but also all past owners going back to the original grantor. This history is important in establishing ownership rights.
- A title deed provides notice to the world of the owner's interest in the property. This notice can be important in preventing others from asserting claims to the property.
- A title deed can be used to get a loan secured by the property. The lender will want to see a title deed in order to be sure that the borrower actually owns the property and has a good clear title to it.
- A title deed may be required in order to sell the property. A potential buyer will want to see a title deed in order to be sure of the seller's ownership interest in the property.
- A title deed may be used to resolve disputes over ownership of the property. If there is more than one person claiming ownership, a court may look to the title deeds to help determine who the rightful owner is.
Thus, a title deed is a very important document in relation to owning property. It is the best proof of ownership and can be used for a variety of purposes relating to the property.
How can I prove my mortgage is paid off?
One way to prove your mortgage is paid off is to obtain a copy of your mortgage loan statement or contact your mortgage lender directly and inquire about the status of your loan. Additionally, you can request a payoff letter from your lender, which will provide documentation that your mortgage has been paid in full. Finally, you can review your personal records and look for any documentation related to your mortgage payments, such as canceled checks or bank statements. If you are unable to locate any of this documentation, you may need to order a copy of your credit report, which will show whether or not your mortgage has been paid off.
Is the title register the same as the deed?
While the two are similar, they are not the same. The title register is a legal document that proves ownership of a property, while the deed is the physical document that transfers ownership of the property. The title register will list the owner of the property, as well as any mortgages or other liens on the property, while the deed will simply transfer ownership from one person to another.
The title register is an important document because it serves as proof of ownership of a property. If there is ever any question about who owns a particular piece of property, the title register can be consulted to determine the answer. The deed, on the other hand, is simply the physical document that transfers ownership of a property from one person to another. While it is important to have a deed when transferring ownership of a property, the title register is the document that will ultimately prove who owns the property.
Is it smart to pay off your house early?
It depends on your personal circumstances. If you have a lot of debt and are struggling to make ends meet, then it might not be the best idea to pay off your house early. On the other hand, if you're comfortable with your current financial situation and have some extra money each month, paying off your house early could save you a lot of money in interest payments over the long term. Ultimately, it's up to you to weigh the pros and cons and decide what's best for your situation.
In general, though, paying off your house early is a smart financial move. It can help you save money on interest payments and free up more money each month, which can be used to pay down other debt or save for other financial goals. If you're considering paying off your house early, be sure to talk to a financial advisor to get personalized advice for your situation.
Who can execute a deed?
A deed must be signed by the person who is conveying the property. This is typically the owner, but may also be a third party such as an attorney-in-fact or escrow agent.
The signature must be witnessed by a notary public or other individual authorized to take acknowledgments. In some jurisdictions, multiple signatures are required, depending on the type of property being conveyed and the rules of the jurisdiction. For example, in California, all real property deeds require two witnesses and a notary public. Some states also require that the deed be "acknowledged" before it is recorded, meaning that the person signing the deed must appear before a notary public or other official and sign an acknowledgment of the deed.
This acknowledgment typically includes a statement that the person signing the deed executed it voluntarily and under no duress. The acknowledgments may also include statements attesting to the grantor's identity, marital status, and mental competence.
Once the deed is properly signed and acknowledged, it must be "delivered" to the grantee. Delivery may be actual or constructive. Actual delivery occurs when the grantor physically hands the deed to the grantee. Constructive delivery occurs when there are acts or circumstances that clearly indicate an intention to transfer ownership of the property, even though the deed itself is not physically delivered. For example, if the grantor places the deed in the mailbox of the grantee with the intention that it be delivered, that would be constructive delivery.
Once the deed is delivered, it becomes effective and the grantee has ownership of the property.
It is important to note that simply signing a deed does not transfer ownership of the property; the deed must also be properly delivered to the grantee. Merely leaving a signed deed on a table or in a drawer does not constitute delivery. Nor does mailing a deed to the grantee without any further instruction or indication of intent count as delivery. In order for delivery (and thus, ownership) to occur, there must be some communication of the grantor's intent to transfer ownership to the grantee.