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Title and Property Deed Definition as Defined Under the Real Estate Law

Posted on in Property Taxes

When you're getting ready to buy a home, you may hear terms thrown at you such as "title" and "property deed", and wonder what the difference between the two are. In real estate law, the title is a legal term that means ownership, while the property deed is the document that transfers the title from one party to another.

In regards to the title, it may be partial or full, meaning that other parties could have rights to the property, including the right to access the property, use it and transfer it either in whole or in part to another party. People can take title to a piece of property in many different forms, including joint ownership and tenants by the entirety.

The property deed is the legal document that transfers the title between parties. Under the Statute of Fraud, the deed must be in written form in order to be enforceable. The deed is filed with the official registrar of deeds in the municipality the property is located in . Deeds are also issued in other circumstances when the property is transferred , such as an executor's deed, which is issued by the executor of an estate selling property owned by the estate, or a tax deed, where the property is sold for the payment of unpaid taxes.

If you are getting ready to buy or sell a piece of property, contact us today. Our experienced team of real estate lawyers will help you through the entire process, from reviewing title to document preparation and the closing of the sale.

Tagged in: Real Estate
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