A Complete Guide to the Different Types of Deeds in Real Estate

Real estate transactions involve more than exchanging money and home keys and signing paperwork. At the heart of every deal is the deed, the single most important document in the stack. It’s what legally confirms ownership and outlines precisely what rights are being transferred from one party to another.

While every property has a deed, not all deeds provide the same level of protection. Some guarantee a clear title without hidden claims, while others may have conditions or limitations requiring careful consideration.

For buyers, understanding what kind of deed you’re receiving can help prevent complications in the future. For sellers, choosing the right deed ensures a smooth transfer while minimizing potential liabilities. Even gifting property to a family member requires proper documentation to keep everything in order!

This guide breaks down the different types of deeds, explains when each is used, and helps you confidently navigate real estate transactions.

What’s a Property Deed?

A property deed or house deed is a legally binding document that makes a real estate transaction official. It is considered the ultimate proof of ownership because it transfers the ownership of the house or building from one owner (the seller or grantor) to another (the buyer or guarantee). 

Both the buyer and the seller must sign the deed, and they do so on closing day. Before the transaction is finalized, the buyer’s attorney conducts a title search to verify that the property has no outstanding liens, debts, or legal claims.

Once signed, the property deed is notarized and must be recorded with the county clerk or recorder’s office to make the ownership transfer official. 

This step creates a public transaction record, reinforcing transparency and protecting the new owner’s claim to the property. Recording also helps establish a transparent chain of title, essential for verifying legal ownership and preventing future disputes over the house.

Each county has its process for recording deeds, usually requiring a small fee known as a recording fee or transfer tax. Once filed, the deed is assigned a unique reference number and becomes part of the public record, allowing anyone to verify property ownership.

Understanding How Deeds Work

The seller is responsible for providing the deed on closing day so the ownership transfers occur as expected. They often seek the assistance of a real estate attorney or a title company to have a properly prepared document. 

Every property deed follows a structured format containing elements that make it legally valid. See a list of those elements below.

The Difference Between Deed and Title 

Though deed and title are often used interchangeably, they refer to distinct concepts in real estate. A deed is a physical, legal document that transfers ownership of a property from one party to another. It must be signed, delivered, and typically recorded to be legally binding.

On the other hand, a title is not a document; it’s a legal concept that represents ownership rights to a property. Having title means you have the right to use, transfer, or modify the property as law permits. 

However, issues such as liens, easements, or ownership disputes can complicate a title, which is why title searches and title insurance are common in real estate transactions.

In short, a deed is the tool that transfers ownership, while a title represents the actual legal ownership of the property. This distinction is crucial for buyers and sellers to ensure a smooth and legally sound property transfer.

Types of Deed in Real Estate

Deeds come in different forms, each offering varying levels of protection. Some provide strong legal assurances, while others transfer property with minimal guarantees. 

Whether you’re buying, selling, or inheriting real estate, understanding the type of deed involved is crucial to ensuring a secure transaction.

Deed of Trust

A deed of trust is a legal document used in real estate transactions to secure a loan. It works similarly to a mortgage but involves three parties instead of two:

• The Borrower: The trustor or person taking out the loan.
• The Lender: Also known as the beneficiary, the entity providing the loan, typically a bank or mortgage lender.
• The Trustee: A neutral third party, usually a title company or escrow agent, who holds the legal title to the property until the loan is repaid.

When a borrower takes out a loan to buy real estate in states that use a deed of trust (like Alaska, Texas, Arizona, Tennessee, California, or Colorado), they don’t hold the property’s legal title outright. Instead, the title is temporarily placed in the hands of the trustee, who holds it as security for the loan.

The borrower still has full rights to live in and use the house, but if they cannot make the monthly payments, the trustee has the authority to initiate a non-judicial foreclosure. This process allows the lender to reclaim and sell the property without going through the courts.

A deed of trust provides lenders with a more streamlined process for recovering unpaid loans while allowing borrowers to own and occupy their property. However, because foreclosure can happen faster under a deed of trust, borrowers must be diligent in making timely payments to avoid losing their homes.

Warranty Deed

A warranty deed is one of the safest ways to transfer property ownership because it comes with legal guarantees from the seller (grantor) to the buyer (grantee). It assures the buyer that the seller has full ownership rights, the property is free from debts or legal issues, and the seller will defend the buyer against any future claims on the title.

There are two types of warranty deeds; the difference is in the level of protection they offer the buyer.

General Warranty Deed

A general warranty deed is the gold standard in real estate transactions. It guarantees:

• The seller legally owns the property and has the right to sell it.
• The property has no unpaid liens, mortgages, or claims against it (unless disclosed).
• The buyer can live in and use the property without worrying about past ownership disputes.
• The seller will take responsibility if any title issues arise (even before the seller owns it).

Because it offers the most protection, general warranty deeds are commonly used in traditional home sales and are the buyer’s preferred deed type.

Special Warranty Deed 

A special warranty deed is similar, but with one key difference:

• The seller only guarantees that the property had no issues while they owned it.
• They do not make promises about past owners.

This type of deed is often used for estate sales, foreclosures, and commercial properties, where the seller (such as a bank or estate executor) may not know the property’s full history. While it still offers some protection, buyers should always do a title search and consider title insurance when using a special warranty deed.

Grant Deed

Also known as a special warranty deed or limited warranty deed, a grant deed is a common way to transfer property ownership, offering buyers some important protections but not as many as a general warranty deed. It is often used in standard home sales and guarantees that:

• The seller legally owns the property and has the right to sell it.
• The property hasn’t been sold to anyone else.
• The property is free of undisclosed liens or legal claims from when the seller owned it.

Unlike a general warranty deed, a grant deed does not protect the buyer against any title issues that may have existed before the seller took ownership. Because of this, buyers should still do a title search and consider getting title insurance to ensure that no hidden problems arise later.

Mortgage Deed

A mortgage deed is a type of deed that secures a home loan by using the property as collateral. When a homebuyer takes out a mortgage, they sign a mortgage deed, which gives the lender (usually a bank) the right to foreclose on the property if the borrower fails to make payments.

A mortgage deed is similar to a deed of trust, but there is one key difference:

• A mortgage deed involves two parties: the borrower and the lender.
• A deed of trust involves three parties: the borrower, the lender, and a neutral third party (trustee) who holds the title until the loan is repaid.
• Foreclosure under a mortgage deed usually requires a judicial process (going to court), while a deed of trust allows for non-judicial foreclosure, which is typically faster.

A mortgage deed legally ties a home loan to the property, ensuring the lender has a claim to the home until the debt is fully repaid. Homebuyers should be aware that signing a mortgage deed means agreeing to use their home as collateral, and making timely payments is essential to avoid foreclosure.

Quitclaim Deed

A quitclaim deed is the simplest way to transfer property ownership, but it offers no guarantees about the property’s title. The seller (grantor) transfers whatever interest they have in the property to the buyer (grantee), but they make no promises that the title is clear or even that they legally own the property.

Quitclaim deeds are often used in non-traditional transfers, such as:

• Between family members (e.g., adding or removing a spouse from a title after marriage or divorce).
• Transferring property into a trust or business entity.
• Correcting title errors, such as misspelled names.

Because a quitclaim deed does not protect against title defects, liens, or claims from previous owners, buyers should only accept one when they fully trust the grantor.

A quitclaim deed is a quick and easy way to transfer property but lacks the protections of other deeds. It’s best used in low-risk situations where the grantor’s ownership is already known and trusted.

Bargain and Sale Deed

A bargain and sale deed transfers property ownership without guaranteeing a clear title. This means the seller (grantor) does own the property and has the right to sell it, but they make no promises about liens, debts, or legal claims that may exist. Because of this, buyers should be cautious and conduct a title search before completing the transaction.

This type of deed is commonly used in foreclosure sales, where banks sell repossessed homes, tax sales, where the government auctions off properties for unpaid taxes, and in 

estate transfers, when executors or trustees sell property on behalf of a deceased owner.

In many cases, the seller is a bank, government agency, or estate executor who has no personal knowledge of the property’s history and does not offer title guarantees.

Reconveyance Deed

A reconveyance deed officially releases a borrower from their mortgage obligation, proving that the home loan has been fully paid off. It transfers full ownership of the property back to the homeowner, removing the lender’s claim.

This deed comes into play when a borrower completes their mortgage payments or refinances their loan. In states that use a deed of trust rather than a traditional mortgage, a trustee (usually a title company) holds legal title to the property until the loan is repaid. Once the loan is satisfied, the trustee issues a deed of reconveyance, giving full ownership back to the borrower.

Without a recorded reconveyance deed, the lender’s claim to the property remains on record, which could cause legal and financial issues when selling or refinancing. Homeowners should verify that their reconveyance deed is filed correctly and recorded to confirm their full property ownership.

Trustee’s Deed

A trustee’s deed is the deed used to transfer property out of a trust or after a foreclosure sale. It is signed by the trustee, an impartial third party responsible for managing the property on behalf of the trust or lender. This deed is most commonly used when a property is sold from a living trust, foreclosure, or estate settlement. A trustee’s deed is used when:

1. Transferring Property from a Trust: When a property is held in a trust, the trustee signs a trustee’s deed to transfer it to a beneficiary or a buyer.

2. Foreclosure Sales: In states using deeds of trust, the trustee handles the foreclosure process. When a borrower defaults on their mortgage, the trustee sells the property at auction and issues a trustee’s deed to the winning bidder.

How a Trustee’s Deed Works

• The trustee (not the original owner) signs the deed to transfer ownership.
• The new owner receives the property “as-is,” with limited or no guarantees about title defects.
• In foreclosure cases, the new owner may need to clear liens or claims before selling or refinancing the property.

Joint and Survivorship Deed

A joint and survivorship deed is a type of property ownership arrangement that ensures a smooth real estate transfer when one co-owner passes away. This deed is commonly used by married couples, family members, or business partners who want to avoid probate and ensure that the surviving owner automatically inherits full ownership. Some of its benefits include:

• Avoids Probate: Since the property automatically transfers to the surviving owner or owners, there’s no need for a lengthy and expensive probate process.
• Clear Ownership Path: This ensures that the property remains with the intended co-owners rather than being passed to heirs or creditors.
• Easy Transfer: The surviving owner typically only needs to file a death certificate and an affidavit with the county to update the title.

Special Purpose Deeds

Some deeds are used in specific legal or financial circumstances, often involving courts, government agencies, or special transactions. Unlike warranty deeds, which guarantee clear ownership, these deeds offer limited or no protection to the buyer regarding the property’s title. 

Each type of special purpose deed serves a unique function and is commonly used in situations like foreclosures, estate settlements, and tax sales.

Tax Deed

A tax deed is issued when a property is seized and sold due to unpaid property taxes. This deed transfers ownership from the original owner to the buyer at a tax lien or tax foreclosure auction.

Executor’s Deed

An executor’s deed is used when an executor of a deceased person’s estate transfers property to an heir or a buyer. This typically happens when real estate is sold to settle debts or distribute assets among beneficiaries.

Sheriff’s Deed

A sheriff’s deed is issued when a property is sold at a court-ordered auction, usually due to a foreclosure, unpaid debt, or lawsuit judgment. This deed transfers ownership from the debtor to the highest bidder.

Administrator Deed

An administrator’s deed functions like an executor’s deed but is used when someone dies without a will (intestate). A court-appointed administrator is responsible for selling or transferring the property.

Deed in Lieu of Foreclosure

A deed in lieu of foreclosure allows a homeowner to transfer their property voluntarily to the lender to avoid foreclosure. In return, the lender cancels the mortgage debt.

Interspousal Transfer Deed

An interspousal transfer deed is used to transfer property between spouses without tax consequences. It is often used in divorces, estate planning, or title updates when one spouse wants to remove or add the other’s name.

Deed of Gift

A deed of gift is used to give property to another person without receiving payment. This is common among family members who wish to transfer property for estate planning or personal reasons.

How Much is a Deed Recording?

Recording fees are charges imposed by local government agencies, typically county recorders or clerks, to officially document real estate transactions, such as the transfer of property ownership. These fees ensure that deeds and other pertinent documents become part of the public record, providing transparency and legal clarity regarding property ownership.

Factors Influencing Recording Fees

1. Geographic Location: Recording fees vary significantly across different states and counties. Each jurisdiction sets its own fee structure, leading to variations nationwide.​
   
2. Document Specifications: The type and length of the document can affect the total recording cost. Some areas charge a base fee for the first page and an additional fee for each subsequent page.​
   
3. Property Value: In certain jurisdictions, recording fees may be calculated based on the property’s sale price or the loan amount associated with the transaction.​
   

Examples of Recording Fees

• Florida: In Miami-Dade County, the recording fee is $10 for the first page and $8.50 for each additional page. A documentary stamp tax of 60 cents per $100 of the property’s sale price applies, with an extra surtax of 45 cents per $100 for non-single-family residences. ​
  
• Rhode Island: The statewide recording fee for a warranty deed is $84 for the first page, plus $1 for each additional page. ​
  
• Texas: Recording fees are typically paid by the buyer and can vary by county.

Paying recording fees ensures that the property’s transfer is legally documented and recognized. This official recording protects both parties by providing a public record of the transaction, which is essential for establishing clear ownership and can be crucial in resolving any future disputes.

FAQs Real Estate Deeds Types

What type of deed is most used in real estate?

The general warranty deed is the most commonly used deed in real estate transactions. It provides buyers with the highest level of protection by guaranteeing that the seller has a clear title and the right to transfer ownership. It also assures the buyer that the property is free of liens or claims and includes a promise from the seller to defend against any future title disputes.

How does the property deed differ from a deed of trust?

A property deed is a legal document that transfers real estate ownership from one party to another. On the other hand, a deed of trust is used in some states instead of a mortgage to secure a home loan. 

It involves three parties: the borrower, the lender, and a neutral trustee who holds the title until the loan is repaid. If the borrower defaults, the trustee can initiate foreclosure without court involvement.

What is the difference between a survivorship deed and a quitclaim deed?

Two or more co-owners use a survivorship deed to ensure that when one owner dies, their share of the property automatically transfers to the surviving owner(s) without going through probate. This is common among spouses and family members.

A quitclaim deed, in contrast, transfers whatever interest the grantor has in the property (if any) without making any guarantees about title ownership or liens. It is often used between family members, divorcing spouses, or to clear up title issues, but it offers no legal protection to the grantee.

Which Is the Best Deed For a Homebuyer?

The general warranty deed is the best option for homebuyers because it offers the most protection. It ensures the seller has full ownership rights and guarantees the property is free from title defects, liens, or legal claims. If any issues arise after the sale, the seller is legally responsible for resolving them.

Which deed is most preferred by the seller?

Sellers often prefer a quitclaim deed or a special warranty deed because these offer limited guarantees. A quitclaim deed simply transfers ownership without guaranteeing a clear title, making it ideal for low-risk transactions like family transfers. 

A special warranty deed only guarantees that the seller has not caused any title defects during their ownership but does not protect against past issues. This reduces the seller’s legal responsibility after the sale.

What would cause a deed to be void?

A deed can be void if:

• It is not correctly signed or notarized.
• The grantor lacks legal capacity (e.g., they are underage, mentally incapacitated, or under duress).
• The property description is incorrect or unclear.
• The deed was forged or fraudulently altered.
• The transfer violates legal restrictions, such as attempting to sell property without clear ownership.

The Bottom Line: Different Types of Deeds in Real Estate

Buying or selling a home is a big deal, and the type of deed used in the process affects your protection and peace of mind. A general warranty deed is your best option if you’re a buyer. It guarantees that the seller has clear ownership and will stand behind the sale. If you’re a seller, you might prefer a special warranty deed or quitclaim deed, which limits your responsibility after the sale.

Some deeds, like those used in foreclosures, tax sales, or estate transfers, come with fewer guarantees, which is why a title search and title insurance are smart moves.

At the end of the day, understanding different types of deeds helps you protect your investment, avoid legal issues, and feel more confident in your real estate transaction.