A California Warranty Deed for Surface and Mineral Interests is a legal document that transfers ownership rights to both the surface and mineral interests of a property. This type of deed provides the recipient with a guarantee or warranty from the granter that they hold clear and marketable title to both the surface land and the rights to any minerals found beneath it. A warranty deed in California is generally used to convey fee simple ownership, meaning the grantee receives full ownership rights to the property. In the case of a Warranty Deed for Surface and Mineral Interests, this includes all rights to the land's surface and the minerals located beneath it. The keywords relevant to this topic are "California," "Warranty Deed," "Surface," and "Mineral Interests." There are no specific different types of California Warranty Deed for Surface and Mineral Interests; however, the following types of deeds are commonly used in California real estate transactions: 1. General Warranty Deed: This is the most common type of warranty deed that guarantees clear title for surface and mineral interests. It provides the highest level of protection to the grantee, as the granter assures that they hold full title to the property and will defend against any claims. 2. Special Warranty Deed: This type of warranty deed provides a narrower guarantee. The granter warrants that they have not caused any defects in title during their ownership, but they do not guarantee against defects that may have existed prior to their ownership. 3. Quitclaim Deed: While not a warranty deed, a quitclaim deed is commonly used in California. It allows the granter to transfer their interest in the property, if any, without providing any warranties or guarantees. It is often used when the granter's ownership interest is uncertain or when transferring property between family members. In summary, a California Warranty Deed for Surface and Mineral Interests is a legal document that transfers ownership rights to both the surface and mineral interests of a property in California. It provides a guarantee from the granter that they hold clear and marketable title to both the surface land and the rights to any minerals on or beneath it. The different types of deeds commonly used in California real estate transactions include the General Warranty Deed, Special Warranty Deed, and Quitclaim Deed.
California Warranty Deed for Surface and Mineral Interests
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A warranty deed contains express covenants of title. The special feature of warranty deeds is that the grantor promises to pay for any lawsuits or damages due to undisclosed ownership disputes. In California, this is typically handled by title insurance, so warranty deeds are unneeded and potentially confusing.
A grant deed is a form of deed common in California, which contains implied warranties to the effect that the grantor has not previously conveyed or encumbered the property.
A general warranty deed must include the following to be valid: The name and address of the seller (called the grantor) The name and address of the buyer (called the grantee) A legal description of the property (found on the previous deed) A statement that the grantor is transferring the property to the grantee.
Today, Californians most often transfer title to real property by a simple written instrument, the grant deed. The word ?grant? is expressly designated by statute as a word of conveyance. (Civil Code Section 1092) A second form of deed is the quitclaim deed.
Special Warranty Deed in California Properties bought through foreclosure and bank repossession sales often use this deed.
Special Warranty Deed in California If the seller recently bought it, the guarantee doesn't amount to much. Properties bought through foreclosure and bank repossession sales often use this deed.
The main difference between a grant deed vs. warranty deed is the level of protection offered. A warranty deed offers a higher level of protection than a grant deed. With a grant deed, the grantor is guaranteeing that they haven't sold the property to anyone else, and that it is clear of any liens or restrictions.
Warranty deeds are commonly used in other states but are rarely used in California because of the wide reliance on title insurance to provide marketable title. A quitclaim deed conveys only the present right, title, and interest of the: a) grantee.