Deed

What Is a Deed?

A deed is the legal instrument that transfers ownership of real property. When you buy a house, the seller signs a deed conveying their ownership interest to you. The deed is then recorded in the county's official records, creating a permanent public record of the transfer. Without a properly executed and recorded deed, there is no formal change of ownership.

Florida Deed Requirements

For a deed to be legally valid and enforceable in Florida, it must meet several requirements under Chapter 689, Florida Statutes:

• In writing — Florida's Statute of Frauds requires all real property transfers to be in writing.
• Grantor identified and signed — The person transferring the property must sign the deed.
• Grantee identified — The person receiving the property must be clearly named.
• Legal description — The deed must contain a legally sufficient description of the property (lot and block, metes and bounds, or government survey).
• Granting clause — Language indicating the grantor's intent to transfer the property ("does hereby grant, bargain, sell, and convey").
• Two witnesses — Florida requires two subscribing witnesses to the grantor's signature.
• Notarization — The grantor's signature must be acknowledged before a notary public.
• Delivery and acceptance — The deed must be delivered to and accepted by the grantee.

Recording the deed with the clerk of the circuit court is not required for the deed to be valid between the grantor and grantee, but under the Florida Recording Act, an unrecorded deed provides no protection against a subsequent purchaser who records first.

Types of Deeds Used in Florida

• Warranty Deed — Full title guarantees. Standard for residential sales.
• Special Warranty Deed — Limited warranties covering only the seller's period of ownership. Common in bank-owned and estate sales.
• Quitclaim Deed — No warranties. Used for family transfers, divorce settlements, and corrections.
• Personal Representative's Deed — Used by the executor of an estate to transfer property of a deceased owner.
• Deed in Lieu of Foreclosure — Borrower voluntarily transfers the property to the lender to avoid foreclosure.

Related Terms

• Warranty Deed — The strongest deed type with full title covenants
• Quitclaim Deed — Transfers interest without warranties
• Chain of Title — The sequence of deeds that tracks ownership
• Recording Statute — Governs when a recorded deed takes priority
• Title Search — Examines all recorded deeds in the chain

How Barnes Walker Prepares Deeds

Barnes Walker's attorneys prepare deeds for every closing, ensuring the correct deed type is used, the legal description is accurate, and all Florida execution requirements are met. The firm records the deed with the county clerk on the day of closing to protect the buyer's ownership under the recording statute. For questions about deeds, submit a title inquiry.

Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC