The Do's And Don'ts Of A Real Estate Deed

What Is A Deed?

A deed is a part of any real estate transaction. Under common law, a deed is a written legal instrument that affirms, confirms, or passes a property, right, or interest, which is attested, signed, delivered, and sealed in some jurisdictions. 



Deeds can be bilateral or unilateral. Deeds include licenses, diplomas, conveyances, patents, commissions, and powers of attorney when implemented as a deed. The primary purpose of a real estate deed is to transfer a title, a legal document proving the ownership of an asset or property, to another individual.

4 Essential Tips For Writing A Real Estate Deed

Here are some things you must know about writing a real estate deed:

1. Know where to start

Preparing a real estate deed yourself is not impossible. However, preparing the deed yourself is not recommended. It is recommended to hire a lawyer or real estate attorney to review the real estate deed and prepare it with you to avoid mistakes prior to making it official.

You can find several sample deeds that are downloadable. However, be careful and know the specific type of deed you will need. It is essential to have a trusted professional with you during the preparation process for a successful transfer of ownership.

2. Requirements of a deed

Each real estate deed must be handwritten. It must contain words of conveyance, outlining:

• A description of the real property

• The interest in owning the property

The deed should describe the boundaries and location of the property for future clarification and reference. To be considered a legal deed, the real estate deed must meet several requirements like:

• It must state that it is a deed, with words such as "This Deed" or "Executed as a deed."

• It must indicate that the written instrument conveys a privilege or thing to someone.

• The grantor should have the legal ability to grant the privilege or thing.

• The grantee should have the legal capacity to receive the privilege or thing.

• The grantor must execute it in the presence of a prescribed number of witnesses.

• A seal must be affixed to the real estate deed in some jurisdictions. However, seals are now outdated in many jurisdictions. So, the signatures of the grantor and witnesses are now fundamental. 

Make sure the deed is readable and easy to understand in case of any problems that can arise. Keep in mind to record a deed in the county where the property is located to protect your property ownership from the previous owners.

3. Different types of deeds

Not all deeds are created equal. Every deed has its own specific requirements and preparation. There are several types of deeds, such as:

• Grant

• Warranty

• Quitclaim



• Transfer on death

4. Why are deeds important?

A deed is the last step in transferring the title of ownership of a property. If you have a deed, it provides you specific protection, depending on the type of deed you are using.

Since it is an important legal document, it's crucial to have a real estate attorney review the process with you to make sure you're on the right track.

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