Deeds - Lemke Law Group

Deeds

What is a Property Deed

UNDERSTANDING DEEDS

A deed is the document that transfers ownership of real estate. It contains the names of the old and new owners and a legal description of the property, and is signed by the person transferring the property. You can't transfer real estate without having something in writing, which is almost always a deed.


What is the difference between a deed and a title?

For real estate purposes, title refers to ownership of the property, meaning that you have the rights to use that property. It may be a partial interest in the property or it may be the full. However, because you have title, you can access the land and potentially modify it as you see fit. Title also means that you can transfer that interest or portion that you own to others. However, you can never legally transfer more than you own.

Deeds, on the other hand, are actually the legal documents that transfer title from one person to another. It must be a written document, according to the Statute of Frauds. Sometimes the Deed is referred to as the vehicle of the property interest transfer. The transfers can be less than the title that you actually have. Deeds must be recorded in the courthouse or assessor's office to make them fully binding in most states, but a failure to file them does not change the transfer of title.

Common deed types used in Georgia:

  • Warranty Deed
  • Limited Warranty Deed
  • Special Warranty Deed
  • Builder's Deed
  • Quitclaim Deed
 

Residential Real Estate Attorney



Many people do not realize the value of a real estate lawyer for what is perhaps the largest transaction they will ever undertake. Serving Warner Robins, GA for more than 25 years, our knowledgeable attorneys have closed numerous of transactions on behalf of homebuyers and sellers. We provide comprehensive and individualized service to ensure that your legal interests are protected, including Residential and Commercial Closings, Residential and Commercial Refinances, Construction Loans, Drafting and reviewing contracts, Preparing deeds for transfer of the property, Drafting of mortgage documents, and Conducting settlement, recordation of documents and disbursement of funds.

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Fill out our online form to request a Georgia Title Search - an investigation of a property history performed when a property is sold.

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