The Various Types of Deeds in Florida

By

Michael Roussis

Michael Roussis

A deed is an instrument by which a transferor (a/k/a grantor or seller) conveys an interest in real property to a transferee (a/k/a grantee or buyer). Different types of deeds provide various levels of protection, or perhaps no protection, to the transferee.

Primary Deed Types

In general, there are four primary types of deeds in Florida: (1) General Warranty Deed, (2) Special Warranty Deed, (3) Fee Simple Deed (a/k/a Bargain and Sale Deed), and (4) Quitclaim Deed. These deeds vary in terms of the types of protections which the transferor provides to the transferee, with the General Warranty Deed imparting the most protections and the Quitclaim Deed affording no protections.

A General Warranty Deed is the most favorable form of deed for the transferee because the transferor is obligated to provide warranties not only for the period of ownership of the transferor, but also during periods of prior ownership in the chain of title. More specifically, under a General Warranty Deed, for the entire history of ownership of a property, the grantor is bound by six enforceable covenants (also commonly referred to as warranties):

1. Covenant of Seisin – warranty that the grantor has legal possession of the property;
2. Covenant of Right to Convey – warranty that the grantor has the right to convey title to the subject property;
3. Covenant Against Encumbrances – warranty that the subject property does not have any encumbrances, except to the extent disclosed in the deed;
4. Covenant of Quiet Enjoyment – warranty that the grantee will own the property without disturbances from third parties;
5. Covenant of Warranty – warranty that the grantor will protect the grantee against any claims of ownership from a third party; and
6. Covenant of Further Assurances – warranty that the grantor will perform any acts which may be required to clear defects and perfect title.

A Special Warranty Deed contains the same covenants as a general warranty deed; however, the covenants only apply to the period during which the transferor owned the property.

A Fee Simple Deed (a/k/a Bargain and Sale Deed) conveys transferor’s full title to a property, but unlike a general or special warranty deed, it does not include any warranties.

A Quitclaim Deed, which provides no protection to the transferee, is used by a transferor simply to convey any ownership right which the transferor may have with respect to a property, without any covenants. Put another way, under a Quitclaim Deed, the transferor does not warrant that he or she has any ownership rights at all to the property.

Special Purpose Deeds

As indicated below, some less common forms of specialized deeds are used in special situations, by fiduciaries, and by judicial or governmental authorities.

A Life Estate Deed conveys property ownership to a specific beneficiary upon the death of the transferor, while allowing the transferor to retain the right to live on or use the property during such person’s lifetime.

An Enhanced Life Estate Deed (a/k/a Lady Bird Deed), in contrast to the traditional Life Estate Deed, is revocable and allows a property owner to, before death, revoke the deed, sell the property, and/or encumber the property.

A Personal Representative Deed is used by administrators or executors of an estate to transfer real property from the deceased’s estate to beneficiaries.

A Guardian Deed is used by a guardian to transfer property owned by an individual under guardianship, such as minors or incapacitated individuals.

A Trustee Deed allows a trustee to transfer real property held in trust on behalf of one or more beneficiaries.

A Tax Deed conveys title to real property forfeited by a formed owner due to failure to pay real property taxes.

A Sheriff’s Deed is issued pursuant to a court-ordered disposition of real property owned by judgment debtors to allow for full or partial payment of outstanding debts.