If you are selling your property or you find yourself in a position needing to transfer property to another, you can do so with deed and title transfers. Our attorneys will seamlessly assist you with deed and title transfer Austin.
A deed is a legal document stating the equitable and legal title to physical property. The deed will list the old owner, listed as “seller” or “grantor,” and the new owner, listed as “buyer” or “grantee.” To ensure the document is correct and legally binding, seek an attorney to prepare and file your deed transfer.
Depending upon your unique circumstances, different deed types may be used, including:
- General Warranty Deed: This type of deed is most commonly used to complete purchase and sale transactions because it offers the best protection for the buyer and ensures the title is legitimate and marketable.
- Special Warranty Deed: This type of deed is sought when a seller only warrants that they have not personally done anything to adversely affect the title stated. So, if the deed is found otherwise illegitimate, the seller would not be liable. Thus, giving the buyer less protection than a general warranty deed but more than a quitclaim deed.
- Quitclaim Deed: Upon signature, the seller surrenders any rights they have to the property with no responsibility owed to the buyer. This deed is suitable to clear a title in limited circumstances, such as questions about an heir’s claim to a specific property or if a person may have acquired the title by adverse possession.
- Deed of Trust: this type of deed transfers title to a trustee. This type of loan is most commonly utilized by a trust or title company that holds physical property as security for a borrower’s loan.
- Transfer on Death Deed: this type of deed requires multiple elements and formalities to successfully transfer property of the grantor to the grantee upon the death of the grantor.
Title Transfer Austin
The terms deed and title are not synonymous. A title conveys the idea and rights of legal ownership of a piece of property. Following a title transfer Austin, as a legal property owner, your title grants you the following rights-
- Right of Disposition: the right to transfer ownership temporarily or permanently as long as there are no loans or liens against the property.
- Right of Possession: the right to claim ownership of the stated property and anything on it. However, the title may or may not include water or mineral rights. It is your responsibility to determine if these rights are included or not.
- Right to Exclusion: the right to choose whom you permit access to your property. However, if your property has access or utility easements, the owner of the easement has the right to access your property.
- Right of Control: the right to use your property however you please in accordance with the law with no conflict to zoning or homeowner’s association restrictions.
- Right of Enjoyment: the right to enjoy your property in any lawful manner.
Deed and title transfers become complex quickly. Our real estate attorneys are here to help expertly draft your deed and title transfers. Give us a call for a free consultation, and we’ll begin drafting your documents.
Our clients receive individualized attention from an attorney, not an assistant or paralegal. Although we handle a wide range of legal issues, our attorneys are limited to practicing a few practice areas to give you the specialized care you need. We are compassionate attorneys that will listen closely to ensure your voice is heard and to implement potential strategies that most other attorney will miss. Call us for a free consult with our real estate attorney to see why we vastly differ than most law firms.
- seeking the relief you need
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