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.
A Florida grant deed is a legal document used for transferring ownership of real property in the state of Florida. It represents a promise that the granter (current property owner) has the legal right to sell or transfer the property to the grantee (the new owner). In Florida, a grant deed is one of the commonly used methods to convey property. Key elements of a Florida grant deed include the names and addresses of the granter and grantee, a legal description of the property being transferred, the granter's signature, and the notarization of the document. The legal description of the property should be accurate and detailed to ensure the exact identification of the land. One important aspect to note is that a grant deed in Florida does not guarantee that the property title is free of any liens, encumbrances, or legal issues. It simply conveys the granter's interest in the property to the grantee but does not provide any warranties or defenses against potential claims or disputes over the property. In addition to the standard Florida grant deed, there are different types of grant deeds available that serve specific purposes or address certain situations. These include: 1. General Warranty Deed: While not technically a grant deed, it is worth mentioning as it provides the highest level of protection to the grantee. A general warranty deed ensures that the granter guarantees the title against any claims, including those arising from previous owners. 2. Special Warranty Deed: This type of grant deed offers a limited warranty by the granter. It guarantees that the granter has not created any encumbrances on the property during their ownership, but does not cover any issues that may have occurred before their ownership. 3. Quitclaim Deed: Although not a grant deed, a quitclaim deed is commonly used in Florida and allows the granter to transfer their entire interest in the property without providing any warranties or assurances. It is often used in transfers between family members, divorces, or to clear title defects. These different types of deeds provide varying levels of protection and assurances to the grantee when buying or transferring property in Florida. It's important for both the granter and grantee to understand the specific deed being used and its implications. Consulting with a qualified real estate attorney or title company can ensure a smooth and secure transfer of ownership.
