The attorneys at Arant Law are experienced with all aspects of real estate deeds and conveyances. If you have questions regarding how to properly transfer title to real property in Colorado, our attorneys can answer any questions or concerns you may have.
Years ago, when real property changed ownership, the seller brought the buyer a handful of dirt from the property. This dirt signified true ownership and transferring title to the buyer. Now, instead of dirt, legal documents called “deeds” convey title to real property.
What is a Real Estate Deed?
A deed is a legal document used to transfer ownership of property from one person to another. Most commonly used to transfer real estate, a deed legally transfers ownership and possession from the seller to the buyer.
Common Deeds in Colorado
General Warranty Deed
The grantor warrants the title conveyed by the grantor to the grantee of the real property against any defects that existed before the time that the grantor acquired title as well as warranting during the time that the grantor owned the property.
Special Warranty Deed
Warrants the title only against title defects during the time the grantor actually owned the property. This type of deed is different than the general warranty deed by the degree of protection or the level of guarantee that the grantor warrants/promises to the grantee.
Quitclaim Deed
Conveys whatever interest the grantor has if any. The grantor makes no warranty as to ownership. It does not grant nor does it convey any title after acquired.
Bargain and Sale Deed
Conveys the property as well as any after acquired title thereto, as compared to the quitclaim deed that does not grant any title after acquired. A bargain and sale deed does not create any warranties of title from the grantor to the grantee.
Requirements of Deeds
Under Colorado statute C.R.S. 38-30-113, a valid deed contains the following seven elements
- Written Instrument. A deed must be in writing to be valid.
- Consideration. A deed must state the consideration, or value, given for the real estate.
- Parties. A deed must specifically name the person who is conveying the property interest.
- Property Description. The deed must appropriately describe the transferred property. The parties most commonly use a legal description.
- Statement of Conveyance. While specific words are not required, a deed must convey the intention to transfer title.
- Signature. The grantor (person conveying the property) must sign the deed.
- Delivery. The grantor must deliver the deed to the grantee (person purchasing property) and the grantee must accept delivery. In Colorado, delivery and acceptance is assumed when a deed is acknowledged and recorded.
How Our Real Estate Attorneys Can Help
The attorneys at Arant Law have over thirty years of experience with real estate deeds and conveyances. As such, we suited to answer any questions or concerns regarding property conveyances in Colorado. If you have questions regarding how to properly transfer or receive title to real estate in Colorado, call our attorneys today.