Fillable Grant Deed Form Templates

Different deeds are used to transfer property from one party to the other. Each type of deed will offer different levels of protection to the buyer and liability or flexibility to the seller. A grant deed is one of such deeds. This type of deed is popular in foreclosures and tax sales. The deed is used to convey ownership and title to a property. The party assigning or transferring their interest in the property is referred to as the grantor, while the receiving party is known as a grantee.

Different words can be used to refer to property’s transfer or interest in the property from the grantor to the grantee. They include grant, convey, warrant, or assign. These terms can be used interchangeably as they mean the same thing.

This article aims to give the reader an understanding of the legal implications, usage, and process of the grant deed.

Grant Deed 

A grant deed, in a legal sense, is the document that transfers title to property and property rights from one property owner to another.

It guarantees that the seller has not taken any actions that compromise the title or impose encumbrances for the time they owned the property. Also, it warranties that there are no liens or financial obligations such as a mortgage placed on the property. The grantor or grantee can be an individual or business entity, estate, or trust.

The typical usage of a grant deed is for transfers at foreclosure or tax sales and property transfers where a mortgage or loan is not used to finance the purchase. As such, the property and its title are transferred directly to the buyer and not to a banking institution. Grant deeds are also used when the buyer wants assurances that the seller will not sell the property to another party. Also, it guarantees that the property has no liens or restrictions. Additionally, the deed transfers property to an entity such as a business or trust. Lastly, it can be used to transfer ownership when gifting property.

To have a quick overview of what this article is about, go through the following key takeaways:

• A grant deed is one of the different types of property transfer deeds. Others include warranty deeds and quitclaim deeds.
• A grant deed is a legal document once signed by the grantor.
• The deed transfers property ownership and serves as an official record that the property’s title is clear of any third-party claims.
• The deed can be obtained from the local county courthouse or county clerk’s office.
• A standard grant deed will include the grantor’s identification details, property description (including parcel number, property boundaries, etc.), and the grantor’s signature.
• Grantors and grantees can choose to notarize the deed if deemed necessary.
• The deed becomes part of an official record or documentation of both parties (grantor and grantee).  

How Does a Grant Deed Work?

A typical grant deed is a deed that transfers ownership of property from one party to another. Property can be anything from automobiles to real property such as land and any improvements (buildings). The deed has to be signed to be legally enforceable. The deed is proof of title or specified rights to the identified property.

Title infers to a legal document that shows who owns a particular property. Once completed, the grant deed guarantees that the title to the specified property is free of liens. As a result, the grantee/buyer assumes total ownership of the property and can thus convey it to another party if they wish. Also, a notary public is needed for the deed to be valid. However, it can be recorded/notarized to increase its credibility.

Grant Deed Vs. Title

A title is proof of ownership of property. Conversely, a grant deed is a document used to lawfully transfer property from one party to another hence the term “grant,” as it grants the grantee ownership of the property. A title will focus on details about the property owner, such as the name and signature. A grant deed focuses on details about the property, and any warranties a grantor offers.

Certain information must be presented to execute a grant deed successfully and legally. This information ensures both parties to the deed are protected.

This information includes:

Property details

This is the type or specific name of the property, legal description (parcel number, map, etc.), and location. An image or map can be attached if needed.

Contact details of the recipient of the original recorded deed

The recipient can be a trustee, attorney, grantee, or grantor. If the recipient is an individual, the address will be their residence or business address, but if it is a corporation, then contact details of the corporate office will be needed.

Contact details of the grantor

This is the party who decided to transfer ownership of the property. This can be an individual, group of people, entity, or trust.

The amount of money exchanged

The grantor transfers a “grant” of title in exchange for some other consideration (the value of whatever is being transferred for which the title is granted), more so in a sale transaction. The amount paid to the grantor for transferring the property or the value of some other consideration in exchange for transferring ownership should be indicated. For example, if the property is transferred as a gift, the consideration will be zero dollars.

Oil, mineral, or other similar rights

The grantor must clarify whether or not oil, mineral, or other similar rights are being conveyed with the ownership. In some instances, grantors will choose to retain these rights if minerals are discovered on the property.

Rights to the property

A description of existing rights on the property such as easements, access, development restrictions, and any other that the seller wishes to retain should be mentioned. For example, sellers can retain the right to access the property if they store items.

Grant Deed Form

A grant deed form is a fillable document that outlines the steps and requirements for executing a real estate title transfer from one property owner to another. Our readers can download such forms from our website at no charge. The form helps develop a legally enforceable grant deed with minimal effort as it guides the user on what to include in the deed.

Elements of a Grant Deed Form

The document must clearly show who will grant and receive the property, when ownership was transferred, and what guarantees were offered.

The following are a few elements included in the standard form:

• A date – the date of transaction
• The name of the grantor
• The name of the grantee
• A detailed legal description of the property being granted is included. The description should include the parcel/lot number, tract number, and property address (city, country, and state).
• A statement of warranties granted by the grantor. For example, “The grantor warrants that the grantee shall be entitled to possess, use and enjoy all property from the date of this deed, which is free and clear of all encumbrances and liens stemming from the grantor’s ownership tenure, transferred by this deed.”
• Signature from the grantor
• Signatures from witnesses (if needed or required by state law)
• A notary public acknowledgment (if needed or required by state law)

 Note that in some states, the warranties offered by the deed may be implied by the type of deed. As a result, they don’t have to be expressly written in the deed to be enforceable. For example, if the type of deed used is a grant deed, the state’s implied warranties of a grant deed would apply to the transaction by default. States are also at liberty to direct what should be included in the deed, its format, and execution requirements.

Thus, grantors and grantees should ensure their grant deed complies with the guidelines under its jurisdiction. Despite its shortcomings, a grant deed is preferred more than a quitclaim but less over a general warranty deed. Obtaining title insurance is one way of enhancing protection from possible defects in a deed.  

Important: After acquiring a property through a grant deed, there is no need to further re-assess the property for tax purposes.

Other Types of a Grant Deed

Grantors and grantees can use variations of a grant deed to transfer property. Each variation would be best suited for different circumstances as each type offers different guarantees.

Below are the different types of grant deeds:

Interspousal transfer grant deed

This deed is used when the grantor and the grantee are spouses. It conveys property from one spouse to another, often in divorce settlements. 

Real estate property

A real estate type of deed is used to convey title to any real estate property from one party to the other. The real estate property includes land and any improvements or developments on the land, such as roads, buildings, machinery, ponds, and canals. In addition, the deed conveys the right to use, control, and dispose of (sell) the property. 

Warranty deed

A warranty deed grants title to property with warranties offered by the grantor. The warranty can be general or specific.

• General warranty deed– A general warranty deed transfers property while offering three warranties. Firstly, it guarantees that the property has not been granted or sold to any other party. Secondly, it guarantees that no liens or encumbrances are placed on the property’s title other than those declared by the grantor. Thirdly, the grantor promises to defend the property’s title against claims from third parties (individuals and entities). The guarantees of a general warranty deed cover the entire ownership history of the property. Due to the extent of legal protection offered with this deed, it is preferred for transfer where the buyer and the seller are strangers, money is being used as a consideration, or when a loan or mortgage is being used to finance a property purchase.    

• Grant deed – A grant deed offers limited guarantees to the grantee. Two assurances offered by the deed include, the grantor has not sold the property to another party and that no title defects stemmed from when the grantor owned the property. Therefore, it does not guarantee that no defects in the title originate from before the grantor obtained ownership of the property. In addition, the grantor doesn’t promise to defend the title in court should such liens and encumbrances arise.

Quitclaim deed

A quitclaim deed conveys any interest the grantor may have in the property without specifying or guaranteeing that they possess the said interest. As a result, quitclaim deeds are done every day when transferring property from a spouse to a spouse. For example, suppose a married individual had acquired property before marriage. In that case, they can transfer their interest in the specified property through a quitclaim deed to ensure their partner doesn’t lay claim to the property in the future. In addition, quitclaims will be used in transferring property in and out of trusts and businesses or to correct errors in warranty deeds.

Tax deed

The tax deed transfers property ownership to the government when the property owner has failed to pay property taxes. The deed allows the government agency to sell the property to collect the outstanding tax debt. The property can then be traded off through “tax deed sales.” 

Gift deed

Gift deeds are used when a property is being conveyed as a gift. In such a transaction, instead of monetary consideration, the consideration is stipulated as “love and affection.”  Gifts deeds are daily for property transfers between people who know each other such as relatives. Thus, it is common to see these forms of deeds used in estate planning. 

Foreclosure

A foreclosure can be used when the borrower fails to pay mortgage payments or debt after the grace period has elapsed. The proceedings from the auction of the foreclosed property are usually used to repay the mortgage and debts from the borrower’s account to the lender. The borrower conveys the property deed to the creditor in an attempt to avoid a foreclosure. However, the deed may still appear in the borrower’s credit history.