Alabama Grant Deed

State:
Multi-State
Control #:
US-03215BG
Format:
Word; 
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Description

A deed is an instrument by which an owner (the grantor) transfers an interest in land to a new owner (the grantee). No consideration is required to make the deed effective. The deed is necessary to transfer title to land even if it is a gift. It has no effect, and title does not pass until the deed has been delivered. The recording of the deed is not required to make the deed effective to pass title between the buyer and the seller. However, recording is necessary so that the public will know that the buyer is the present owner. Recording constitutes "notice to the world" of the transfer in title.


The grantor is the person selling the property. The grantee is the person buying the property. A grant deed is a deed containing an implied warranty that there are no encumbrances on the property not described in the deed and that the person transferring the property actually owns the title. It must describe the property by legal description of boundaries and/or parcel numbers, be signed by all people transferring the property, and be acknowledged before a notary public. It is in contrast to a quit claim deed, which only conveys the interest that the transferor actually owns, if any, without a warranty of ownership.


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FAQ

Recording ? A quit claim deed should be filed in the office of the County Probate Judge along with any required fees. Signing Requirements ? If a notary acknowledgment is not included in the conveyance of the property, a witness must attest to the conveyance.

All legal documents must be drafted by an attorney licensed to practice in the State of Alabama. Parties to a transaction can draft their own documents if they are doing so on behalf of themselves.

The deed should be signed by the current owner or owners, with each signature notarized using Alabama's statutorily approved acknowledgments. There is no need for the new owners (grantees) to sign the deed.

Attorney Involvement All legal documents must be drafted by an attorney licensed to practice in the State of Alabama. Parties to a transaction can draft their own documents if they are doing so on behalf of themselves.

Grant Deed. A grant deed is a legal document used in real estate transactions that transfers property ownership from one party (the grantor) to another (the grantee). It specifies the parties' names, a legal description of the property, and any relevant conditions or covenants associated with the transfer.

The document must be signed and acknowledged by the grantor in the presence of two credible witnesses, one of which can be the notary (Ala. Code 1975, 35-4-65). Record the completed deed, along with any additional materials, in the probate office of the county where the property is located.

50 per $500 or $1.00 per $1000 on value of property conveyed - charged in increments of $500. The amount of value conveyed is always rounded to the nearest $500. A $1.00 ?no-tax? fee is charged on deeds that are tax exempt.

Gift Deed ? A gift deed is a special type of grant deed that ?gifts? ownership of real property interest to another person or entity. This deed is different from a standard grant deed because it specifically designates that the transfer was not subject to a sale, and the grantor received no monetary compensation.

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Alabama Grant Deed