CaseMark Grant Deed / Warranty Deed
Draft a recordable deed transferring residential real property from grantor to grantee, compliant with applicable state recording statutes.
Prerequisites
- Deed type: Grant Deed (limited warranties) vs. Warranty Deed (full covenants through entire chain).
- Current title report with vesting deed, legal description, encumbrances, and APN.
- Full legal names for all parties matching title documents; entity formation docs and signing authority if applicable.
- Transaction documents: purchase agreement, escrow instructions, consideration terms.
- Jurisdiction confirmed: state-specific statutory language, witness/acknowledgment rules, recording standards.
Output Structure / Process
Document Header
| Element | Requirement |
|---|---|
| Instrument type | "GRANT DEED" or "WARRANTY DEED" — must match operative language |
| Recording jurisdiction | County and state |
| Return address | For recorded document return |
| APN / Document ID | Per local recording statutes |
| Preparation date | Date of drafting |
Parties
- Grantors: full legal name as on vesting deed; marital status; signing capacity (individual, trustee, officer).
- Grantees: full legal name; manner of taking title (joint tenancy, tenancy in common, community property, etc.) with proportional interests if applicable.
- Entities: legal name, jurisdiction of formation, authorized representative and title.
- Mailing addresses for all parties.
Consideration
- State consideration (monetary or nominal: "Ten Dollars and other good and valuable consideration").
- Actual purchase price disclosure not required in most jurisdictions.
- Include recitals only where they provide necessary context; avoid creating ambiguity.
Legal Property Description
- Primary: lot/block from recorded plat, metes and bounds, or government survey — must match vesting deed exactly.
- Include APN and street address (street address for convenience only; never sufficient as sole description).
- Cross-check against title report and county records for gaps or overlaps.
- If lot line adjustment occurred, reference the recorded instrument.
Granting Clause
| Deed Type | Statutory Language | Effect |
|---|---|---|
| Grant Deed | "grants and conveys" | Implies limited statutory warranties |
| Warranty Deed | "grants, bargains, sells, conveys, and warrants" | Invokes full covenants of title |
- Specify estate conveyed (typically fee simple absolute).
- Include any conditions or limitations on the grant.
Covenants of Title
- Warranty Deed — include or incorporate by reference: (1) seisin, (2) right to convey, (3) against encumbrances, (4) quiet enjoyment, (5) warranty, (6) further assurances. Specify scope: grantor's acts only vs. all prior holders. Confirm whether express or implied by statute in jurisdiction.
- Grant Deed — limited warranties only: no prior conveyance, no undisclosed encumbrances during grantor's ownership.
Exceptions, Reservations & Encumbrances
- Enumerate all exceptions: easements, CC&Rs, tax liens, utility easements.
- Reference recorded instruments by book/page or instrument number.
- Describe reservations (mineral rights, easements, life estates) with same specificity as property description.
- Distinguish permitted exceptions (grantee accepts) from encumbrances grantor warrants against.
Execution & Acknowledgment
| Requirement | Details |
|---|---|
| Signature blocks | All grantors; capacity specified |
| Execution date | May differ from effective date if held in escrow |
| Witnesses | Per state requirements (number, qualifications) |
| Spousal joinder | Required for homestead property in many states |
| Entity attestation | Secretary or authorized officer if required |
| Notarial acknowledgment | Statutory form; identify each grantor; notary signature, seal, commission expiration |
| Multi-party / out-of-state | Separate certificates if executed at different times/locations; comply with both notarizing and recording jurisdictions |
Recording Format
- Paper size per county recorder (letter or legal).
- Margins: 1" sides and bottom; 3" top on first page for recording stamp.
- Attach all referenced exhibits; include cover sheet if required by local practice.
Guidelines
- Verify jurisdiction before drafting: deed formalities vary significantly by state.
- Party names, property descriptions, and citations must be uniform throughout.
- Never mix Grant Deed and Warranty Deed language — selection drives granting clause and covenant scope.
- Legal description accuracy is the most common cause of recording rejection; triple-check against title report.
- Do not improvise legal descriptions; use only verified descriptions from title documents or surveys.
- Use
[VERIFY]for any statutory reference or citation not confirmed against current code. - Final document should require only signatures and notarization before recording.