A deed is the legal document that transfers ownership of real property from one person to another.
It is the document that you need if you want to buy, sell, or transfer real property to someone else.
Keep in mind that the deed itself is just a means of conveying real property—it is not “title,” and it does not create title in real property.
Title refers to the legal ownership rights a person has in property (whether real or personal). Although the deed will reflect the title, title is not created by a deed. Rather, the deed is the instrument used to convey title from one owner to another. The deed can only convey whatever title the grantor has: for example, a fee interest or a life estate, or no title at all.
In Florida, regardless of the type of deed used, to be valid, the deed must be in writing, properly executed, delivered to the grantee, and accepted by him/her.
Among other things, a deed must also:
- Identify the grantor and grantee
- contain a description of the property being conveyed, and
- use words of conveyance (such as “convey,” “transfer,” and the like).
In Florida, there are four common types of deeds, and several variations (i.e., “specialty” deeds”) based on the four common deeds.
The most common types of deeds in Florida are:
1. General warranty deeds
2. Special warranty deeds
3. Fee simple deeds
4. Quitclaim deeds
We will be happy to further explain which suits your specific situation best!