A deed may seem like a simple document that transfers ownership of real estate property from one party to another. Although this is the basic purpose of deeds, they are much more complex than that. South Carolina recognizes many different types of deeds, and they all have different legal requirements. If you are involved in a real estate transaction or planning your estate, contact Beth Santilli Law, LLC to speak with a deed preparation attorney in Mt. Pleasant, SC.
What is a Deed?
A deed is essentially a legal document that outlines the owner of new real estate property (the grantee), as well as the party that once owned it (the grantor). Most deeds are drafted privately without the interference of a judge or a courtroom. However, deeds must still contain certain elements. For a deed to be considered valid, it must:
– Clearly outline the grantor and grantee
– Clearly identify and describe the property involved
– Contain the proper language, including words of conveyance when appropriate
– Be signed by both parties
– Be in writing
Of course, for a deed to be valid, the grantor must also have legal authorization to transfer the property to the grantee. While the requirements for a deed seem fairly straightforward, the different types of deeds can make certain property transfers much more complex.
Common Types of Deeds
General warranty deeds are the most common, as they guarantee that the title on the property is fair and marketable, offering more protection to the grantee. Other common types of deeds include:
– Quitclaim deed: Unlike a warranty deed, a quitclaim deed transfers ownership of the property without any protection of liens or claims against the property.
– Deed of distribution: A deed of distribution transfers real estate of a deceased individual to their beneficiaries. A deed of distribution can be included as part of a person’s will or as part of South Carolina’s intestacy laws.
Get Legal Help Today
Deeds serve a very simple purpose, but they can be complex legal documents. If you are transferring ownership of real estate, speak with a Mt. Pleasant deed preparation attorney at Beth Santilli Law, LLC, today. We understand the different types of deeds, can advise on which one is right for your case, and can help you overcome any challenges your case may present. Contact us today to schedule a consultation and learn more about how we can help.