house deed
Jun 16, 2022
Publish by Brett Murrell
Category: Buying, First Home

What Does a House Deed Look Like? Understanding House Deeds

With all the important documents you have stored away in your home—proofs of identity, car documents, insurance, and loan documents, among others—it could be a little difficult to sort through them and find what you’re looking for.

If you need to find your house deed but have no idea which one it is from your pile of housing documents, you’ve come to the right place. Here’s how to distinguish between your house deed and title.

Header image source: Pixabay

Deed vs. Title

House deeds are legal documents that are necessary for transferring the ownership of a property to another person.

If you’re looking to sell your home, the deed to your house should be ready to be handed over to your buyer. If you’re looking to buy a home, you should make sure that you’ll get the deed to the house upon the completion of the sale.

A house title, on the other hand, is more of a concept than a physical document. It refers to the rights that the owner has on the property. But without a physical document (the house deed), the title can be difficult to guarantee.

If you have the title to a property, you have its rights of ownership. You can do what you wish with the property. You can modify it or add other structures to it. As long as you stay within the scope of your property, you shouldn’t have any problem.

You can also gift or sell your property to other people. But again, you’ll have to draw up a house deed so that you can legally transfer the title of the property to another person.

What’s In a Deed?

Firstly, a deed should be in writing. It can never be just a verbal agreement between two parties. It should have an actual physical document for it to be considered valid.

A deed should also clearly identify the grantor (seller) and the grantee (buyer). Your deed should have two names (or more, if the property has more than one owner). It should also have both the grantor and grantee’s addresses.

Then, the real property should be detailed in the house deed. Real property can be any piece of land and everything attached to it such as a house or a road. Your deed should cover the entirety of your property and the structures within it.

A house deed should also have words of conveyance. These words don’t have to be grand or lengthy. They’re simple and direct to the point. Words of conveyance make it clear that the property is officially being granted to its new owner.

A deed should also have proof of consideration. This details any amount paid for the acquisition of the property. In some cases where the property is being given as a gift, the proof of consideration should be in words that say that the property is being transferred to the grantee as a gift.

Lastly, for any legal document to be binding, it should be signed by both parties. But it doesn’t stop there. A house deed, to be considered legal and valid, should also be notarized and filed on record.

Types of Deeds

Here are three different types of house deeds you might come across with.

General Warranty Deed

A general warranty deed provides proof that the seller completely and legally owns the property. In this type of deed, the seller is required to make promises (called covenants) and provide warranties to their buyer.

One of these is the covenant of seisin. It simply states that the grantor owns the property and therefore has the right to sell it.

There’s also the covenant against encumbrances. This states that the property is free from any liens or encumbrances unless otherwise specified.

Another thing is the covenant of quiet enjoyment. This assures that the grantee can peacefully own the property without being inconvenienced should the property have a defective title.

Lastly, the covenant of further assurance guarantees that the grantor will provide all the necessary documents to make sure that the title is valid and legitimate.

Special Warranty Deed

A special warranty deed provides less protection for the grantee. It only assures that the seller has not sold or transferred the property to anybody else. It also guarantees that there are no title issues to the property for as long as they have owned it.

This means that if there have been previous claims to the property even before its current owner took possession of it, your grantor will not be liable for any legal fees that you might incur. Because of this, a special warranty deed is only more commonly used in commercial properties rather than residential ones.

Quitclaim Deed

A quitclaim deed offers the least amount of protection among the three. As a non-warranty deed, it only transfers the property to the grantee without any covenants and warranties. So, if there are problems with the title, the grantor has no legal obligation to resolve it.

This type of deed is often used when the grantor isn’t sure about the condition of the title and wants no liability whatsoever. A quitclaim deed is usually used when no money is involved in the transfer of property. This usually happens when parents transfer the property to their heirs.

If you come across a special purpose deed, they also essentially work as quitclaim deeds.

Living in Alberta

house deed canada

Image source: Griffin Real Estate

If you’re looking for a place to move into, Alberta might be the one for you. From a major city like Calgary to a smaller town like Okotoks, you’ll find a lot of great neighbourhoods where you can get settled right in.

There are a lot of reliable real estate agents in Alberta that can help you find the perfect property to buy. Here’s a simple buyer’s guide that walks you through the process of buying a home in this province.

Your realtor can also help you with all your concerns regarding house deeds and titles. To recap, here are the most common things you should see in a house deed:

  • It should be a written (or printed) document. It can never be just a verbal agreement between two parties.
  • It should clearly state the names of the grantor/s and the grantee. Their addresses should also be stated in the deed.
  • It should detail the real property—the land and everything attached to it.
  • It should include words of conveyance that officially grant the property to the grantee.
  • It should also have proof of consideration, whether it’s the amount paid to obtain the property or words that state that the property is being given as a gift to the grantee.
  • It should also be signed by both the grantor and grantee. Then, it should be notarized and filed on record for the deed to be legally binding.
Written By
Okotoks Realtor | Griffin Real Estate | Brett Murrell

Founder/Realtor® Team Lead/CIR REALTY Okotoks Owner

Brett Murrell

I grew up on a farm in Saskatchewan, where I’ve brought dedication, hard work, trustworthiness, and loyalty with me into life and work. Farms and acreages have always been a big part of my life, and I bring those values and knowledge to my clients who seek my help. I care about what’s best for my clients, and I don’t stop until they’re happy.

Helping others goes beyond assisting them in viewings or paperwork, sometimes it’s lending an extra pair of hands unloading a U-Haul, helping with home repairs, or watching their pets.

My background in construction along with first-hand acreage living gives me an advantage over other REALTORS®. Whatever your acreage concerns are, I’m the expert on it.

There’s nothing more satisfying than helping people and teaching them along the way in their real estate journey. It’s satisfying to help them find a place they’re truly happy with.