How to Draw Up a Property Deed


It is not worth your time to put this age-old saying to the test by trying to draw out a deed for a complicated real estate transaction, since the proverb states that a fool and her money are quickly separated. The majority of deeds are not do-it-yourself projects for everyone since they are legal documents that transmit your interest in real property. A property deed is the legal document that passes your interest in real property. On the other hand, if you are giving away property to a charitable organisation, a personal trust, or a member of your own family, you may use a do-it-yourself quitclaim, which works well and requires very no time, effort, or legal expertise to put out.

The Amazing Range of Property Deeds

Even though a property deed is a legal document that transfers an interest in real property, not all deeds are the same or appear the same. This is because not all deeds are created equal. Aside from the apparent variations, such as the names of the parties and the property descriptions, the various forms of deeds also communicate diverse interests and offer a variety of assurances that cover a wide spectrum of possibilities.

Quitclaim deeds are located on the simpler end of the range of legal document complexity. Due to the ease with which one may put one of these deeds together, they are frequently called “quick claim” deeds, which is a term that is both accurate and wrong. In warranty deeds, the person who is transferring property, who is referred to as the grantor, makes assurances about her ownership rights, her legal right to transfer property, and the liens and encumbrances that are on the property. This kind of deed requires a significant amount of upkeep. The grantor commits to defend the buyer’s title against any adverse claims that emerge in general warranty deeds. This is the case regardless of whether or not the difficulties happened during the time the grantor possessed the property or at any point in the past.

If you are going to be transferring property using a warranty deed or another kind of deed, it is in your best interest to have a trained expert draught the deed for you. You will be able to bring in knowledge this way, as well as having someone to take responsibility for any mistakes that are made. However, if the circumstances of your transaction call for the use of a quitclaim, it is quite possible for you to draught one on your own.

Drawing Up a Quitclaim Deed

It’s important to note that quitclaim deeds are not the same as other kinds of deeds. They are easy to put together and do not put the grantor in danger of receiving any unexpected gifts in the future. When you utilise a quitclaim deed to transfer real estate, you are not obligated to guarantee any interest in the property, thus there is no way that you may be mistaken about it. The only thing you will be doing when you execute a quitclaim deed is transferring whatever interest, if any, that you may have in the property to the grantee. The grantee is responsible for clarifying any unclear aspects of the transaction, such as the nature of the interest being transferred and any liens attached to it.

What are the benefits of accepting a quitclaim deed for a grantee? The act of donating property rather than selling it is the typical purpose of quitclaim deeds. For example, you want to bequeath your home in San Francisco to your daughter, your grandchildren, or even your former husband. You may have the intention of donating that empty lot to the San Francisco SPCA or placing ownership of the property in a trust. There will be no pushback from any of these grantees if you decide to give them a portion of whatever stake you have in the property.

Although the particulars of drafting a quitclaim deed differ from state to state, it’s probable that all jurisdictions supply forms that may be used for even the most straightforward of deeds. You may get a quitclaim form (together with the instructions) for your property in San Francisco by going online to the website of a county law library such as the Sacramento County Law Library. Complete the fields with your name as the grantor, the name of the person or organisation you are transferring it to, and a description of the real property. After putting your signature on the deed in the presence of a notary public, you should hand it over to the grantee and see to it that it is recorded at the government agency that is responsible for such matters. This is handled by the Office of the Assessor-Recorder, which is located at San Francisco’s City Hall. Be prepared to pay a fee to the recorder.