If you own a property and wish to sell it or give it to someone else, you’ll need to transfer the deed. While you’re not obligated to seek legal counsel for this, it can be a complicated task to complete on your own, and any errors could derail the transaction. Below is an overview of what a real estate deed is and how an experienced lawyer can help ensure a smooth and successful transfer.

Understanding Real Estate Deeds

What Is the Significance of a Deed?

A deed is a legal document that serves to transfer real estate from one owner to another. They must be in writing, signed, and contain a legal description of the property, as well as identifying information for both parties of the transaction. In Arkansas, all deeds have to be notarized in front of two witnesses before being publicly recorded with the county.

Types of Deeds

Several different types of deeds can be used depending on the kind of transfer taking place. A few examples are:

• General Warranty Deed: This is the standard deed that guarantees the seller is responsible for any damages or problems throughout the property’s entire history.
• Special Warranty Deed: Like the general warranty deed, but the seller is only responsible for damages and problems during their ownership of the property.
• Quitclaim Deed: Unlike the previous two, quitclaim deeds do not contain warranties. The seller renounces any responsibility for the property.
• Bargain and Sale Deed: This deed is mostly used to transfer property between family members or to purchase property at a foreclosure sale.

Why You Should Hire a Lawyer

The best way to make sure the deed meets the state’s legal criteria is to have it prepared by a lawyer who’s well-versed in real estate law. They’ll know the details that must be included to transfer the property’s title and will ensure the forms are filled out accurately. They can also advise you on which deed is most suitable for protecting your interests and help you navigate various issues that might arise, such as joint tenancy or rights of survivorship. 

If you’re interested in transferring ownership of a property, turn to Larry Cook, Attorney at Law in Cabot, AR, for help making sure your deed is valid and enforceable. Backed by more than 30 years of legal experience, he has vast knowledge in the area of real estate law and strives to deliver a hassle-free closing experience. He’s proud to offer buyers and sellers throughout Lonoke County valuable advice and guidance when navigating complex transactions. Call (501) 843-6591 to schedule a consultation or visit his website for more information.