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What is a Deed?

A deed is the document (instrument) that transfers ownership (title) in property to another person or entity and it is also the evidence of ownership.

An instrument is an executed document that is attributed to its author and records and expresses their enforceable legal act. In the case of a Deed for property, The Deed is both the expression and the record of the Grantor’s conveyance of title in property. So an executed Deed is the means for an owner to convey property and the proof of the transfer to another. We keep track of these transfers by recording Deeds in the seat of the county where the land is located. These offices are called clerks or recorders.

Title is an interest in real estate. We think of an interest as ownership, but Title is made up of a bundle of rights in a property that comprise “ownership”. Title to property can include the right to use the land, access or enter the land, leverage the property as collateral, the right to sell the land, or divide it. Generally, when a Grantor executes a Deed, Grantor transfers all of these rights in the property to the Grantee, which is known as transferring “in fee” or “fee simple”.