Grant Deed or Warranty Deed Drafting Workflow

You are tasked with drafting a comprehensive Grant Deed or Warranty Deed that complies with applicable state law and professional standards. This transactional document transfers real property ownership from a grantor to a grantee and must be prepared with precision to ensure enforceability and recordability.

Document Preparation Standards

Begin by determining the appropriate deed type based on the transaction requirements. A Grant Deed provides limited warranties that the grantor has not previously conveyed the property and has not encumbered it during their ownership, while a Warranty Deed offers broader protections with full covenants of title extending back through the chain of ownership. Confirm the jurisdiction's requirements, as deed formalities vary significantly by state, including specific language requirements, formatting standards, and recording prerequisites.

Essential Document Components

Document Header and Preliminary Information

Draft a clear document header that identifies the instrument type, preparation date, and recording jurisdiction. The header should facilitate proper indexing by the county recorder's office. Include the return address for the recorded document and any required document identification numbers or assessor's parcel numbers as mandated by local recording statutes. Ensure the title accurately reflects whether this is a Grant Deed or Warranty Deed to avoid confusion in the chain of title.

Parties and Their Legal Identification

Identify all grantors and grantees with complete legal names exactly as they appear on current title documents and government-issued identification. For individual parties, include their marital status as it affects title vesting and potential homestead rights. For entity grantors or grantees, specify the complete legal entity name, jurisdiction of formation, and the authority of the signing representative. Provide current mailing addresses for all parties, which may be required for tax assessment purposes and future title work. When multiple grantors or grantees are involved, clearly specify the manner of holding title (joint tenancy, tenancy in common, community property, etc.) and include the proportional interests if applicable.

Consideration and Recitals

State the consideration for the conveyance, which may be monetary or nominal (such as "Ten Dollars and other good and valuable consideration"). While the actual purchase price need not be disclosed in many jurisdictions, the deed must recite consideration to satisfy the requirement of a bargained-for exchange. Include any relevant recitals that provide context for the transaction, such as references to purchase agreements, estate planning purposes, or corporate restructuring, while avoiding unnecessary detail that could create ambiguity or unintended obligations.

Legal Property Description

Provide the complete legal description of the property being conveyed, which must be sufficiently definite to identify the parcel with certainty. This typically includes the assessor's parcel number, lot and block numbers from recorded subdivision maps, metes and bounds descriptions, or government survey descriptions depending on the jurisdiction and property type. The description should match the current vesting deed exactly unless a lot line adjustment or other modification has occurred, in which case reference the recorded instrument creating the change. Include the property's street address for convenience, but note that this is supplementary to the legal description and insufficient standing alone. Verify all description elements against current title reports and county records to prevent gaps or overlaps in the conveyance.

Granting Clause and Conveyance Language

Draft the operative granting language using the appropriate statutory terms for your jurisdiction. For a Grant Deed, use language such as "grants and conveys" which typically implies limited statutory warranties. For a Warranty Deed, employ language such as "grants, bargains, sells, conveys, and warrants" to invoke the full covenants of title. Ensure the granting clause clearly identifies what estate is being conveyed (typically fee simple absolute) and includes any specific limitations or conditions on the grant. The language must be sufficiently clear and unambiguous to effectuate the intended transfer without resort to extrinsic evidence.

Warranties, Covenants, and Title Assurances

For Warranty Deeds, explicitly include or incorporate by reference the traditional covenants of title: seisin, right to convey, against encumbrances, quiet enjoyment, warranty, and further assurances. These covenants may be express or implied by statute depending on jurisdiction. Specify the scope of the warranties, including whether they extend to the grantor's acts only or to all prior title holders. For Grant Deeds, acknowledge the limited nature of the warranties, typically that the grantor has not previously conveyed the property and has not created undisclosed encumbrances during their ownership. Address any specific title concerns or special warranty limitations that the parties have negotiated.

Exceptions, Reservations, and Encumbrances

Clearly enumerate all exceptions to the conveyance, including easements, covenants, conditions, restrictions, and reservations that will burden the property in the grantee's hands. Reference recorded instruments by book and page or instrument number where applicable. Common exceptions include utility easements, CC&Rs, property tax liens, and matters disclosed in the title report that the grantee has agreed to accept. If the grantor is reserving any rights (such as mineral rights, easements, or life estates), describe these reservations with the same specificity as the property description itself. Distinguish between permitted exceptions that the grantee accepts and encumbrances that the grantor warrants against.

Execution Requirements and Formalities

Include properly formatted signature blocks for all grantors, with sufficient space for original signatures. Specify the capacity in which each party signs (individually, as trustee, as corporate officer, etc.). Ensure compliance with state-specific execution requirements, which may mandate the number of witnesses, specific acknowledgment language, or spousal joinder for homestead property. Include the date of execution, though this may differ from the effective date if the deed is held in escrow. For entity grantors, include attestation by the secretary or other authorized officer if required by the entity's governing documents or state law.

Notarial Acknowledgment

Append the appropriate notarial acknowledgment certificate for your jurisdiction, using the statutory form if one is prescribed. The acknowledgment must identify each grantor, confirm their voluntary execution of the instrument, and include the notary's signature, seal, commission expiration date, and other required elements. For deeds involving multiple grantors or out-of-state parties, ensure each acknowledgment complies with the requirements of both the jurisdiction where notarized and where the deed will be recorded. Include separate acknowledgment certificates if grantors execute at different times or locations.

Output Requirements and Professional Standards

The final deed must be formatted for recording on letter-size or legal-size paper as required by the county recorder, with appropriate margins (typically one inch on sides and bottom, three inches at top of first page for recording stamp). Use clear, professional typography and organize the document logically with appropriate spacing and paragraph breaks. The language should be formal and precise, avoiding ambiguity while remaining accessible to non-lawyers who may need to interpret the document in the future.

Ensure all cross-references are accurate, all blanks are completed, and all exhibits referenced in the deed are attached. The document should be internally consistent, with party names, property descriptions, and legal citations uniform throughout. Before finalization, verify that the deed accomplishes the parties' intent, complies with applicable recording statutes, and will be accepted by the title insurance company and county recorder.

Prepare the deed as a complete, execution-ready document that requires only signatures and notarization before recording. Include a cover sheet or transmittal letter if required by local recording practices, noting any special handling instructions or expedited processing requests.