Deeds and Transfers,
how ownership moves
How title passes from one owner to the next: warranty, grant, quitclaim and bargain and sale deeds, transfers at death, co-ownership, contracts for deed, and the doctrines that can move title without a sale. One guide covers deed fraud and the alerts some counties offer.
Contract for Deed: How a Land Contract Works and What the Record Shows
A contract for deed is a contract for the sale of land in which the buyer takes possession right away and pays the price in installments, while the seller keeps legal title until every payment is made. Then the seller must sign a deed to the buyer. It is also called a land contract or installment land contract.
Read the guide · 7 min readDeed vs Title: What Each One Is and How They Work Together
A deed is a legal document that transfers ownership of real estate, and it is usually recorded with the county. Title is the ownership itself: the bundle of legal rights to own and possess the property. The deed is the evidence that moves title; the public record shows whether the chain holds.
Read the guide · 9 min readFlorida Documentary Stamp Tax: Rates, Who Pays, Exemptions and How to Calculate It
Florida documentary stamp tax on a deed is 70 cents for each $100, or portion of $100, of the consideration, in every county except Miami-Dade. Consideration includes any mortgage on the property, assumed or not. Notes and recorded mortgages are taxed at 35 cents per $100. All parties are liable, whoever agrees to pay.
Read the guide · 8 min readJoint Tenancy vs Tenancy in Common: Survivorship, Shares and How the Deed Decides
In a joint tenancy with right of survivorship, a co-owner's share passes automatically to the surviving owners at death. In a tenancy in common, each owner holds a separate share that can be sold or left by will. When a deed says nothing, the default in many states is tenancy in common.
Read the guide · 8 min readAdverse Possession: Elements, Time Periods by State, and Color of Title
Adverse possession is a legal doctrine that lets someone who openly occupies land they do not own, without the owner's permission, gain legal title after a period set by state law. The possession must be actual, open, exclusive, hostile and continuous. The required period varies by state, and some states also require paying property taxes.
Read the guide · 8 min readBargain and Sale Deed: What It Is and How It Shows in a Title Search
A bargain and sale deed is a deed that transfers whatever interest the grantor holds without the full set of title promises a warranty deed makes. In New York, the statutory forms come in two kinds: one without a covenant against the grantor, and one with it. Both can appear in a chain of title.
Read the guide · 8 min readGrant Deed: What It Is, What It Promises, and How It Differs From a Warranty Deed
A grant deed is a deed that transfers real property using the word "grant" and gives the buyer limited protection. The seller promises only that title was not conveyed to anyone else and that no encumbrances were created by the seller. It is weaker than a warranty deed and stronger than a quitclaim deed.
Read the guide · 9 min readHeir Property: What It Is, Heir Property Rights and Why Title Is Unclear
Heir property is real estate owned jointly by relatives who inherited it, usually as tenants in common, often without any court or deed updating the record after the owner died. Each heir owns a share, so title is unclear and any one of them can ask a court to divide or sell the land.
Read the guide · 8 min readLife Estate Deed: How It Works, Who Owns What, and How It Shows in Title
A life estate deed gives one person, the life tenant, the right to use and possess a property for the length of a life, and names a remainderman who takes full ownership when that life ends. The life tenant can usually sell only their own interest, which ends at death, so buyers and lenders look closely at these deeds.
Read the guide · 8 min readProperty Fraud Alert and Deed Fraud: How Forged Deeds Work and How to Spot Them
A property fraud alert is a free notice some county clerks send when a document is recorded against your name or property. It matters because deed fraud, where someone files a forged deed, often goes unseen until you try to sell or refinance. An alert gives you a chance to react early.
Read the guide · 9 min readQuitclaim Deed: What It Transfers, What It Doesn't, and When It's Used
A quitclaim deed transfers whatever interest the grantor has in a property, if any, without promising that the title is good. It is common between family members, into a trust or LLC, and in divorces. It does not remove a mortgage or lien, and a buyer paying full price should not rely on one alone.
Read the guide · 8 min readSquatters Rights: What Squatters Can Claim and How Owners Remove Them
Squatters rights is the everyday name for the claims a person may make after living on property they do not own. In most states, occupying land does not create ownership by itself. Title can shift only through adverse possession, which needs open, hostile, continuous possession for a period set by state law, often with paid taxes.
Read the guide · 8 min readTransfer on Death Deed: How It Works, What It Skips and How It Shows in the Record
A transfer on death deed lets an owner name a beneficiary who receives the property when the owner dies, while the owner keeps full control during life. The deed must be signed, say the transfer happens at death, and be recorded before the owner dies. The beneficiary takes the property with any liens still on it.
Read the guide · 8 min readWarranty Deed: Meaning, the Six Covenants, and How It Differs From a Quitclaim
A warranty deed is a deed in which the seller (the grantor) guarantees to the buyer (the grantee) that the seller owns the property and that it is free of liens and claims, other than those the deed states. If a title problem appears later, the buyer can hold the seller to that promise.
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