A deed is a written instrument that transfers the ownership of property from one owner to another. It is preferable for a professional to prepare a deed to avoid any possible mistakes that may be made in the drafting process. After a deed is drafted, it must be recorded in the county where the real property is located to create a valid transfer. Today, we go into CT real estate attorney dissection of what parts make up a property deed.
Drafting a deed requires that certain information is included within the deed. Some important details include:
Identity of the grantor – The person who currently owns the property should be identified.
Identity of the grantee – The grantee is the new owner of the property.
Legal description – The property’s legal description is a specific description that identifies the unique property. It may contain language regarding a particular section, township, and range. This description must be precise from one deed to the next.
The form of ownership – The property deed should state the form of ownership if it is being transferred to multiple grantees. The new owners may own the property as joint tenants with right of survivorship or tenants in common.
The deed may convey the property to another person, to a business or to a trust. Deed drafting in Connecticut requires the deed to be in writing and notarized.
There are a variety of property deeds in Connecticut, including:
Warranty Deed – A warranty deed is the most common type of deed in Connecticut. The grantor promises the grantee that the grantor will defend him or her from any claims that arise from third parties.
Limited Warranty Deed – This type of property deed warrants that there are no defects to the title while the grantor owned the property and does not further warrant anything else.
Quitclaim Deed – This type of deed transfers whatever ownership interest the grantor has without making any warranties that the title is good or that the property is free of liens.
Deed of Trust – With this type of property deed, the title is transferred to a trustee who holds the real property as security for a loan to the buyer. The title is transferred to the buyer after the loan is paid off. If the buyer defaults on the loan, the trustee can sell the property to pay the lender.
Contract for Deed – This is an installment agreement in which the current owner agrees to finance the purchase of the real property and keeps the title to the property until all of the payments are made.
Deeds should be prepared by professionals to avoid making a mistake that can directly impact your property interest. A CT real estate attorney can assist buyers and sellers in negotiating and drafting contracts for the sale or purchase of property. They may also check the chain of title for real property to determine if there are any clouds on the title that affect the property’s value or the legal right for the owner to convey it.