New Jersey Real Estate Salesperson · Transfer of Title
Deeds
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In 30 seconds
A deed is the written instrument that carries title from a grantor to a grantee, and it takes effect on delivery and acceptance, not on recording. The most tested distinction is a general warranty deed, which promises good title for all time, versus a quitclaim deed, which promises nothing at all.
Why this matters
The exam likes to list five deed types and ask which one promises the most, which one promises nothing, and which element makes a deed effective at all.
The college version
In normal terms
- A valid deed needs a competent, named grantor, a named grantee, words of conveyance, a legal description, the grantor's signature, and delivery and acceptance; notary acknowledgment is needed to record, not for validity.
- Deeds differ only in what the grantor promises: general warranty covers all prior owners, special warranty only the grantor's own time, bargain-and-sale implies ownership without warranties, and quitclaim gives whatever the grantor holds.
- Trustee's, executor's, and sheriff's deeds are named for the person who signs them.
Concepts in this outline
- Deed requirements — the elements a written deed needs to transfer title; acknowledgment before a notary is required for recording, not for validity.
- Grantor — the owner conveying title, who must be legally competent and clearly named, and the only party who must sign.
- Grantee — the person receiving title, who must be named clearly enough to be identified and need not sign.
- Granting clause — the words of conveyance, such as "grants and conveys," showing the grantor's present intent to transfer ownership.
- Legal description — a description precise enough to locate the exact parcel, such as metes and bounds, lot and block, or government survey (see Topic 01).
- Signature — the grantor's signature, which makes the deed the grantor's own act; acknowledgment by a notary is added so the deed can be recorded.
- Delivery and acceptance — title passes only when the grantor delivers the deed intending to transfer title and the grantee accepts it, usually at closing.
- General warranty deed — the strongest deed; the grantor's covenants of seisin, against encumbrances, quiet enjoyment, further assurance, and warranty forever cover the whole chain of title.
- Special warranty deed — the grantor warrants only against title defects arising during the grantor's own period of ownership, not those of earlier owners.
- Bargain-and-sale deed — implies the grantor holds title but contains no warranties unless added; common in New Jersey, often with a covenant against grantor's acts.
- Quitclaim deed — conveys whatever interest the grantor may have with no warranty at all; used to release a claim or cure a cloud on title (see Topic 09).
- Trustee’s deed — a deed signed by a trustee conveying property held in trust, authorized by the trust document.
- Executor’s deed — a deed signed by the personal representative of a deceased owner's estate, conveying under the will or court authority.
- Sheriff’s deed — a deed from a court officer to the purchaser at a foreclosure or judgment sale, carrying no warranties.
- Deed in lieu of foreclosure — the borrower voluntarily deeds the property to the lender to avoid a foreclosure action (see Topic 04).
Eli explains
The same idea, in plain words
Explain it like I’m 10
A deed is the paper that moves ownership of land from one person to another. The person giving is the grantor, and the person receiving is the grantee. Only the grantor signs, because only the grantor is giving something up.
A deed works when it has the right ingredients: a competent grantor, a clearly named grantee, a granting clause with words of conveyance, a legal description of the exact land, the grantor's signature, and delivery and acceptance, meaning the grantor hands it over intending to transfer title and the grantee takes it. A signed deed locked in a drawer transfers nothing. A notary's acknowledgment makes the deed recordable, but a deed can be valid without it.
Deed types are promise levels. A general warranty deed carries covenants reaching back through every past owner. A special warranty deed covers only the grantor's own period of ownership. A bargain-and-sale deed implies title but makes no warranty; New Jersey commonly uses one "with covenant against grantor's acts." A quitclaim deed releases whatever the grantor may have, even nothing.
Worked example
Priya is selling her Cherry Hill colonial to Marcus. Her attorney prepares a bargain-and-sale deed with covenant against grantor's acts, the usual New Jersey choice, naming Priya as grantor and Marcus as grantee, reciting the lot-and-block legal description, and stating that Priya conveys the property. Priya signs before a notary so the deed can be recorded. At closing she hands the deed to Marcus, who accepts it; that moment, not the recording an hour later, is when title moves. Years earlier, Priya's brother had signed a quitclaim deed releasing a possible inherited share to her, promising nothing about title but clearing the way for this sale.
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