A deed is a legal document pertaining to the ownership of property. "When properly executed, delivered, and accepted, a deed transfers title to real property from one person (the grantor) to another person (the grantee). The transfer may be voluntary or involuntary by an act of law, such as a foreclosure sale."[1]
There are more than one type of deeds. In order to better understand what deeds might apply to your ancestor, it's important to know what type of transaction they would have been involved in, where, and when the transaction took place.
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Types of deedsTypes of deeds
- Grant seed: Used when a person on the deed transfers ownership (sells) or adds a person to the deed. The "grantor" is the person who owns the property and is selling, donating, or adding someone to the deed.
- Quitclaim deed: This type of deed transfers a person's (grantor's) rights to a property to another person without any guarantees that they have rights to the title. One example of this type of deed is seen in divorces, where one spouse relinquishes their rights to the family home to the other spouse.
- Warranty deed: In a warranty deed, the grantor guarantees that they hold clear title to the property. In addition, they promise to pay any damages due to "undisclosed ownership disputes." In some states, warranty deeds may be rare or nonexistent due to the existence of title insurance.[1]
- Trust deed (also called a Deed of trust): A Trust Deed is not a living Trust; a Trust Deed does not transfer property. A Trust Deed is similar to a mortgage. "A trust deed is a three-party security instrument conveying title to land as security for the performance of an obligation. Like a mortgage, a trust deed makes a piece of real property security (collateral) for a loan. If the loan is not repaid on time, the lender can foreclose on and sell the property and use the proceeds to pay off the loan."[2]
- Reconveyance deed: A document that states the loan (mortgage) has been paid in full, and there is no longer a lien on the property. The document confirms that the title has been transferred from the lender to the borrower.[3]
- Sheriff's deed: A deed given to the buyer of a foreclosed property at a sheriff's sale.
- Gift deed: A document that transfers property to another person for "love and affection" rather than for a monetary payment.[4]
- Revocable Transfer on Death deed: The revocable transfer on death deed is used to leave property to heirs without the need for probate. The grantor names the intended heirs as "beneficiaries." The deed has no effect until the grantor dies when the beneficiaries record an affidavit to receive the property.[1]
Genealogical use of deedsGenealogical use of deeds
Aside from learning more about a home or land your ancestor owned, researching the deeds of ancestors can provide genealogical relevant information, including:
- Name
- Place
- Familial relationships
Studying your ancestors' deeds may provide clues to their death, which can be confirmed with death records. It can also lead to additional documents, such as tax or census records. Newspaper legal notices and other articles may alert the researcher to possible land transactions including buying/selling a home or property.
Where to find deedsWhere to find deeds
Some genealogical websites include land and property collections. Map collections may hint at land ownership, which may then lead to finding deeds. Cadastral maps (including plat maps) provide the names of those owning land at a specific place and time.
Historical deeds may also be found in libraries, in books of transcriptions and indexes, and in local or state archives.
Depending on age, deeds will be found in the government agency that records and stores these documents. In some counties, that is the Recorder's Office. They may store historical deeds offsite or digitally.
See alsoSee also
Explore more about deedsExplore more about deeds
- New England Deeds and Probate – A Powerful Combination webinar at Legacy Family Tree Webinars
- Comparing Plats of Land With Deeds and Grants webinar at Legacy Family Tree Webinars
- of Land: Tracing Property Without Recorded Deeds (a 2023 Reisinger Lecture) webinar at Legacy Family Tree Webinars
- Can a Dead Man Sign a Deed? webinar at Legacy Family Tree Webinars
- Fruit of the Earth: Using Deeds to Uncover Your Ancestors webinar at Legacy Family Tree Webinars
- Sharecropping Contracts, Chattel Mortgages and Trust Deeds webinar at Legacy Family Tree Webinars
- Finding Kentucky Land: Grants, Deeds and the Missing Pieces webinar at Legacy Family Tree Webinars
References
- ↑ 1.0 1.1 1.2 "Property Ownership and Deed Recording," California State Board of Equalization (https://www.boe.ca.gov/proptaxes/pdf/Ownership_DeedRecording.pdf)
- ↑ "Deed of Trust Records with Lien," US Legalhttps://www.uslegalforms.com/forms-kit/us-00183/deed-of-trust-records-with-lien
- ↑ "Deed of Reconveyance: How it Works, Examples, FAQs," Investopedia (https://www.investopedia.com/terms/d/deed-of-reconveyance.asp)
- ↑ "Gift Deed," Law District (https://www.lawdistrict.com/legal-dictionary/gift-deed)