Is A Property Deed And A Property Title The Same Thing?


1 Answers

Anonymous Profile
Anonymous answered
No, they are not the same thing.  A deed is a document used to convey the title of real property from the current owner (Grantor) to the recipient (Grantee).  It is not title evidence unto itself.  The deed essentially describes the extent of the estate that is being conveyed, provides a legal description of the property and illustrates any limitations or restrictions on the use of the property being conveyed.  The type of deed used in a conveyance will further illustrate the warranty or guarantee that the grantor is willing to give to the grantee as to the title being conveyed.  For example, a "quitclaim deed" offers no warranties or guarantees as to the quality of title being conveyed.  With this deed, whatever interest the grantor has is what is conveyed.  If the grantor has no interest, the grantee receives nothing.  Contrast that to a "warranty deed with full lien covenant".  If a grantor conveyed with this type of deed, then the grantor essentially guarantees that he owns the property, that he has the right to sell it, that during his ownership has not done anything to cause legal problems with respect to the title of the property, and is willing to warranty the title into the grantee and defend it in the grantee against the lawful claims of anyone whomsoever.  There are a number of other deeds that can be used that run the gambit between the quitclaim deed and the full warranty deed.
Title is somewhat of an abstract notion.  There is no official looking document with the word Title at the top and a gold seal with a red ribbon hanging from its bottom.  If you want to demonstrate that title is vested in you, you will need to provide either a title insurance policy which insures the title in you, an abstract of title with an attorney's opinion as to who has the ownership interest, a Torren Certificate or a Registration of Title.  The deed is not evidence of title.  I hope this helps.

Answer Question