What Is a Deed? Types of Property Deeds Explained

When you buy property in Utah, the deed you receive determines your level of protection and the guarantees made about the property's ownership history. Not all deeds are created equal. Some provide comprehensive warranties that protect you for decades, while others transfer property with zero guarantees whatsoever.

After nearly six decades of facilitating Utah property transactions, Prospect Title has seen how the right deed type can prevent costly disputes and provide peace of mind. This guide explains the different types of deeds, what protections each offers, and which one you should expect in various situations.

What Exactly Is a Property Deed?

A deed is the legal instrument that transfers real property ownership from a grantor (seller) to a grantee (buyer). While a purchase agreement outlines the terms of a sale, the deed is what actually conveys ownership. Once signed, notarized, and recorded with the county recorder, the deed provides public notice of your ownership.

Every valid deed in Utah must contain certain essential elements to be legally binding:

• Names of the grantor and grantee: The current owner transferring the property and the new owner receiving it
• Adequate property description: A legal description that precisely identifies the property, typically based on lot and block numbers or metes and bounds
• Words of conveyance: Language indicating the grantor's intent to transfer ownership, such as "grants and conveys"
• Grantor's signature: The deed must be signed by the person transferring the property
• Notarization: A notary public must witness the grantor's signature
• Delivery and acceptance: The grantor must deliver the deed and the grantee must accept it

What Is a Warranty Deed and When Should You Use It?

A warranty deed—sometimes called a general warranty deed—provides the highest level of protection for property buyers. When someone conveys property by warranty deed, they make six specific legal promises (called covenants) about the property's title:

1. Covenant of seisin: The grantor owns the property and has the right to sell it
2. Covenant of right to convey: The grantor has legal authority to transfer the property
3. Covenant against encumbrances: There are no undisclosed liens, easements, or restrictions on the property
4. Covenant of quiet enjoyment: The grantee's ownership will not be disturbed by third-party claims
5. Covenant of warranty: The grantor will defend the title against any lawful claims
6. Covenant of further assurances: The grantor will take any necessary actions to perfect the title

These warranties cover the entire history of the property, not just the time the grantor owned it. If a title defect from 50 years ago surfaces, the grantor is responsible for defending against that claim or compensating you for any losses.

Warranty deeds are the standard choice for most real estate sales in Utah. When you purchase a home through a traditional sale with mortgage financing, your lender will require the seller to provide a warranty deed. This ensures you receive the strongest possible guarantees about your ownership.

How Does a Special Warranty Deed Differ?

A special warranty deed—also called a limited warranty deed—provides protection, but only for the period when the grantor owned the property. The seller warrants that they haven't done anything to harm the title during their ownership, but they make no guarantees about previous owners or historical title issues.

In practical terms, if you receive a special warranty deed from someone who owned the property for five years, they warrant the title for those five years only. Any defects that arose before they purchased the property are not their responsibility.

Special warranty deeds are common in certain situations throughout Utah:

• Commercial real estate transactions: Many commercial properties change hands via special warranty deed
• Bank-owned properties: REO (real estate owned) properties acquired through foreclosure are typically sold with special warranty deeds
• Estate sales: Executors and trustees often use special warranty deeds when selling estate property
• Corporate transfers: When companies sell property, they may use special warranty deeds to limit liability

While a special warranty deed provides less protection than a general warranty deed, it's still preferable to a quitclaim deed because it offers some assurances about the property's title history.

When Would Someone Use a Quitclaim Deed?

A quitclaim deed offers zero warranties or guarantees. The grantor simply transfers whatever interest they have in the property—if any—without promising they own anything at all. The name "quitclaim" reflects this: the grantor is quitting or giving up their claim to the property without vouching for its validity.

This might sound risky, and for typical property purchases, it is. However, quitclaim deeds serve important purposes in specific scenarios:

• Family transfers: Adding a spouse to the title or transferring property between family members
• Divorce settlements: Removing an ex-spouse from the title after a divorce
• Clearing title defects: Obtaining releases from parties who might have a claim to the property
• Trust transfers: Moving property into or out of a living trust
• Correcting deed errors: Fixing mistakes in previously recorded deeds

In Utah, quitclaim deeds are particularly common for clearing up title issues discovered during a title search. For example, if a title search reveals that someone might have inherited a partial interest in property decades ago, the title company will often obtain a quitclaim deed from that person (or their heirs) to eliminate any cloud on the title.

What Is a Grant Deed and Is It Used in Utah?

A grant deed, also called a bargain and sale deed, falls between a warranty deed and a quitclaim deed in terms of protection. With a grant deed, the grantor makes two implied warranties:

1. The grantor has not previously conveyed the property to anyone else
2. The property is free from encumbrances created by the grantor (though not necessarily by previous owners)

Grant deeds are the standard form in some states, particularly California, but they're relatively uncommon in Utah real estate transactions. When you do encounter them in Utah, it's typically in commercial deals or specialized situations.

Because grant deeds provide more protection than quitclaim deeds but less than warranty deeds, they occupy a middle ground that makes them less popular in states like Utah where warranty deeds are the established norm for standard transactions.

Understanding Deeds of Trust: A Different Animal Entirely

When discussing deed types, it's important to address a common source of confusion: the deed of trust. Despite having "deed" in its name, a deed of trust is not a type of property deed that transfers ownership. Instead, it's a security instrument used in mortgage transactions.

Utah is a deed of trust state, which means when you finance a property purchase, you'll sign a deed of trust in addition to receiving a deed to the property. Here's how it works:

• The warranty deed: Transfers ownership from the seller to you
• The deed of trust: Gives the lender a security interest in the property as collateral for the loan

The deed of trust involves three parties: you (the trustor), the lender (the beneficiary), and a neutral third party called the trustee. If you default on the loan, the trustee can sell the property to satisfy the debt through a non-judicial foreclosure process, which is faster than judicial foreclosure used in mortgage states.

Once you pay off your loan, the lender records a reconveyance deed, which releases the deed of trust and confirms you own the property free from that particular lien.

How Do Different Deed Types Compare?

Understanding the distinctions between deed types is easier when you see them side by side:

What Are Utah's Specific Requirements for Recording Deeds?

Utah law imposes specific requirements for deeds to be valid and recordable. Understanding these requirements helps ensure your deed will be accepted for recording and provide proper notice of your ownership.

Under Utah Code Section 57-3-102, every deed must be executed (signed) and acknowledged (notarized) according to state law. The notary public must verify the grantor's identity and confirm they signed the deed voluntarily. For deeds executed outside Utah, the acknowledgment must comply with the laws of the state where it was executed or with Utah law.

Additional Utah recording requirements include:

• Proper formatting: The deed must have a 1-inch margin on the top, bottom, and sides with a 3-inch margin at the top of the first page for the recorder's stamp
• Legible text: The document must be clearly legible when photocopied
• Property description: Must adequately identify the property using legal descriptions
• Grantee's address: Utah Code Section 57-3-105 requires the deed to contain the grantee's address for property tax purposes
• Tax serial number: The parcel number assigned by the county assessor should be included
• Recording information: A statement of the name and address where the deed should be returned after recording

Deeds are recorded at the county recorder's office in the county where the property is located. Salt Lake County properties are recorded in Salt Lake City, Utah County properties in Provo, Washington County properties in St. George, and so forth. Recording fees typically range from $30 to $60 depending on the county and the number of pages.

How Does the Recording Process Work in Utah Counties?

The recording process in Utah is straightforward but varies slightly by county. Here's what typically happens:

1. Deed preparation: The deed is prepared by an attorney, title company, or online legal service, ensuring it meets all legal requirements
2. Execution and notarization: The grantor signs the deed in the presence of a notary public who verifies their identity and notarizes the signature
3. Delivery to grantee: The executed deed is delivered to the grantee, who must accept it for the transfer to be complete
4. Submission for recording: The original deed is submitted to the appropriate county recorder with the recording fee
5. Recording and indexing: The recorder timestamps the deed with the date and time of recording, assigns it a book and page number or document number, and indexes it under both the grantor's and grantee's names
6. Return of deed: The original recorded deed is returned to the address specified on the document

Many Utah counties now offer electronic recording, which speeds up the process significantly. When working with a title company like Prospect Title, the recording happens electronically on the day of closing, and you receive confirmation of recording the same day or within 24 hours.

Some Utah counties maintain online databases where you can search recorded documents for free. This makes it easier to research property history, verify recording information, and obtain copies of historical deeds when needed.

Why Choose the Right Deed Type for Your Situation?

Selecting the appropriate deed type protects your interests and reflects the nature of your transaction. Using the wrong deed type can leave you vulnerable to title defects, clouds on title, or even complete loss of ownership.

Consider these situations and the recommended deed types:

• Buying a home from a seller: Insist on a warranty deed. This is standard practice in Utah, and any pushback should raise red flags
• Adding your spouse to title: A quitclaim deed works well since you're not concerned about warranties between spouses
• Removing an ex-spouse after divorce: A quitclaim deed from the departing spouse to the remaining spouse is typical
• Transferring property into your living trust: Use a quitclaim deed or warranty deed from yourself as an individual to yourself as trustee
• Purchasing a foreclosure from a bank: Expect a special warranty deed—the bank won't warrant title problems that existed before foreclosure
• Receiving inherited property from an estate: Personal representatives typically use special warranty deeds when distributing estate assets

Working with an experienced title company ensures you receive appropriate deed language for your situation. Prospect Title has been helping Utah property owners navigate these decisions since 1967, providing guidance on deed types and comprehensive title services to protect your investment.