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Grant Deed Questions

A grant deed is a document that transfers real property titles or real property interests from one party (known as the grantor) to the other (called the grantee). The deed must describe the property with a legal description of its boundaries and parcel numbers, must be signed by everyone involved in transferring the property and needs to be acknowledged before a notary public. The transfer will be finalized by recording the deed with the County Recorder or Recorder of Deeds.

Listed below are a few questions answered by real estate lawyers on grant deeds.

I live in California and want to know how a grant deed is issued on a piece of residential property. Can it be used to secure a loan?

In such a case, a grant deed would be used to convey title to property. The grant deed is less than a warranty deed but more than a quitclaim deed. It is what is sometimes known as a “middle level deed”. It is not used to secure a loan.

The link below offers a reference for a grant deed: http://homeguides.sfgate.com/grant-deed-california-6816.html

I purchased a grant deed to use my neighbor's driveway to enter and leave my property. She has blocked the driveway for the past 6 months with a chain, causing me great inconvenience. Does she have a legal right to block access?

She should have no right to block your access. The grant deed that you purchased should give you unfettered and complete access to enter and leave your property. If she is causing a nuisance and interfering with your rights, you should be able to pursue this legally as you should have valid grounds for a lawsuit and for damages.

Can another person add my name to their house on a grant deed without getting my signature?

This should be possible since they own the property and are the ones responsible for granting the ownership. They shouldn’t need your signature to get it done.

If I want to put my wife’s name on my home property, what grant deed can I use?

You should be able to do this by using a quitclaim deed that transfers an undivided 50% interest in the house to your wife. This deed would need to be signed, witnessed, notarized, and thereafter recorded in the real property records of the city/county in which your house is located.

A title company accidentally recorded a grant deed that transferred my property to another person. They said that the error occurred because the parcel number was incorrect. How would I know if they have fixed this?

The surest way to know would be for you to run your own title search instead of taking the title company's word for it. All you have to do is visit your county recording office and request they pull your property deeds. You will immediately be able to see if the mistake has been corrected as the office would show any change or modification right away.

There are several kinds of grant deeds that are used, depending on who is transferring property to whom. For example, there is a grant deed known as an interspousal transfer grant deed which is used by one spouse to transfer ownership of real property to the other (often during a divorce). When this kind of transfer is done, the property's value need not be reassessed for property tax purposes. Also, when grant deeds are recorded with the county government, the grantee must usually pay a small fee to get it done.
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