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Conveyance or transfer is the act of passing property to the new owner. The attorney involved in the transfer will draft a deed which conveys the real property. The deed contains the identity of the buyer (grantee), the seller (grantor), and a legal description of the land. The deed must be signed by the parties involved.

Attorneys commonly draft a warranty deed to transfer the property. A warranty deed conveys property and promises to the buyer the seller holds a good and transferable title to the property. A general warranty deed often grantees the most protection because the grantor promises to warrant the title conveyed against any and all claims. A special warranty deed warrants the grantee received title to the property and that the grantor has not acted in a manner to affect the title. The special warranty deed provides lesser protection because it only warrants the grantors actions.

Another type of deed used is a quitclaim deed. A quitclaim deed transfers any ownership interest the buyer may have. However, a quitclaim deed does not warrant, or promise, the buyer holds clear and transferable title. One should be cautious when claiming ownership through a quitclaim deed. If you are obtaining property through a quitclaim deed, you should consult an attorney and look into the chain of title.

In the deed, the seller will transfer title to the buyer. When passing to two or more people, the deed will pass a joint tenancy or tenancy in common. Deeds will use joint tenancy when the buyers wish to give their interest upon death to the surviving joint tenants. Joint tenancy is most commonly used among husband and wife. Tenancy in common is also used when there are two or more buyers. The main difference is tenancy in common does not have a right of survivorship. This means all owners hold an equal part of the property. When a tenant dies, their interest passes to their heirs or the person identified in their will.

To finalize the conveyance, you must record the deed in the county where the property is located. Conceptually, recording puts the world on notice of who owns the property. Recording is important because an owner’s interest is not fully protected until the deed is recorded.

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