House Deed Explained: Definition, Types of Deeds, and How Property Ownership Works

Some states allow these specific types of deeds, which allow a property to pass automatically to a beneficiary upon the owner’s death without going through probate court.

Yes. You can make changes, such as adding a spouse or moving the property into a trust, by executing a new deed (often a quitclaim deed) and recording it with the county.

Yes. A deed can be contested if there is evidence of fraud, forgery, “undue influence” over the grantor, or if the grantor lacked the mental capacity to understand the transaction.

Generally, yes. A real estate deed usually covers the land and any permanent structures on it, unless the document specifically notes “severed” rights, such as mineral or gas rights.

Once your mortgage is paid in full, your lender will typically send you a “Release of Lien” or a “Satisfaction of Mortgage” document. In many areas, the deed is already in your name, but the lender’s lien is removed from public records. If you need a physical copy, you can contact your County Recorder’s office.

Don’t panic. Because deeds are recorded in public records, you can always obtain a certified copy from your local county clerk for a small fee.

A deed is a formal legal instrument in writing which passes, affirms, or confirms an interest, right, or property and that is signed, attested, delivered, and in some jurisdictions, sealed.

Always verify that the spelling of all names is correct, the legal description (lot and block number) matches your survey, and that the “vesting” (how you hold title, such as Joint Tenants) is accurate.

Only the grantor (the seller) is required to sign the deed to transfer the property. However, it must be signed in the presence of a notary public to be recordable.

The street address is for mail delivery, but the legal description (using metes and bounds or plat maps) is the only way to precisely define the boundaries of the land for legal ownership purposes.