Deeds Title

Deeds & Title — Florida Real Estate ## What a Deed Does A deed is the legal instrument that transfers ownership of real property. It is not proof of ownership — it is the transfer document. Ownership is evidenced by the chain of title recorded in public records. --- ## Essential Elements of a Valid Florida Deed A deed must contain all of the following to be valid: | Element | Requirement | |---|---| | Grantor | Must be legally competent (18+, mentally capable) and identified | | Grantee | Must be identifiable; a deed to a fictitious person is void | | Granting clause | Words of conveyance ("grant, bargain, and sell"; "convey and warrant") | | Legal description | Must adequately describe the property | | Consideration | Must be stated (even nominal — "ten dollars and other good and valuable consideration") | | Signature of grantor | Grantor must sign; grantee need not sign | | Delivery and acceptance | Deed must be delivered to and accepted by grantee | | Witnesses | Florida requires two witnesses for deed execution | Notarization is required for recording but is not an element of validity between the parties. --- ## Types of Deeds ### General Warranty Deed The strongest deed for the buyer. Grantor makes five covenants: 1. Seisin — grantor actually owns the property 2. Right to convey — grantor has authority to sell 3. Against encumbrances — no undisclosed liens or encumbrances 4. Quiet enjoyment — buyer will not be disturbed by superior claims 5. Further assurance — grantor will do whatever is needed to perfect title Grantor warrants title against all prior claims — not…