Question 1

What's the difference between a deed and a title?

Accepted Answer

A deed is the physical document that transfers ownership. A title is the legal concept of ownership itself. Think of it this way: you use a deed to transfer the title. You hold the title (you're the owner); the deed is the paperwork that made it happen.

Question 2

What types of deeds are there?

Accepted Answer

The main types: general warranty deed (strongest protection — seller guarantees clear title and will defend against claims), special warranty deed (seller only guarantees title for the period they owned it), and quitclaim deed (no guarantees at all — seller transfers whatever rights they have, which might be nothing). Use warranty deeds for purchases; quitclaim deeds for transfers between family members or business partners.

Question 3

Does a deed have to be recorded?

Accepted Answer

Technically, a deed is valid between the parties even without recording. But recording matters for protecting yourself against third parties. If you don't record your deed and the seller transfers the property to someone else, the recorded deed typically wins. Always record immediately.

Question 4

Can a deed be reversed?

Accepted Answer

Not easily. Once a deed is signed, delivered, and accepted, the transfer is complete. To reverse it, the new owner would need to sign and deliver a new deed transferring the property back. Deeds can be challenged if they were obtained through fraud, duress, or if the signer lacked capacity — but the burden of proof is on the challenger.

Question 5

What happens if a deed has errors?

Accepted Answer

Minor errors (like a misspelled name) can be fixed with a correction deed or scrivener's affidavit. Major errors (like the wrong property description) require a new deed. Don't ignore errors — they can create title problems that make the property harder to sell or mortgage later.

Deed

Definition

In Practice

Common in these contract types

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