Deeds and Recording Acts: Warranty Deeds, Quitclaim Deeds and Race-Notice Rules

Kinds of deeds

• Warranty deed: “the grantor (seller) guarantees clear title to the property being sold.”
• Quitclaim deed: the grantor “conveys his or her present interest, if any, in a given parcel of real property to a grantee without representing, covenanting, or warranting that the title is good.”
• Grant or special warranty deed: in many states, a deed with limited promises covering only the grantor’s own period of ownership.

A valid deed “must be in writing” and “must be signed by the grantor and delivered to the grantee” (Wex). Recording requires an acknowledgment before a notary in most states. See also the warranty deed and quitclaim deed glossary entries.

Why recording matters

Recording a deed in the county land records gives public notice of the transfer. Recording acts decide who wins when the same owner conveys the same land twice. States use three types (Wex):

• Race: “priority of title to the first party who records their claim,” even with notice of an earlier claim (for example, North Carolina, N.C. Gen. Stat. § 47-18).
• Notice: priority to the later buyer “only if the party also lacked notice of an earlier claim” (for example, Massachusetts, G.L. c. 183, § 4).
• Race-notice: priority “to the first bona fide purchaser to record their claim” (for example, California, Civ. Code § 1214).

Chain of title

A title search traces each recorded transfer from the current owner back through earlier owners. Gaps or defects can be cured by corrective deeds, affidavits or a quiet title action. See chain of title.

Researching recording acts in your state

To research recording acts for a real matter, start with the primary sources. For example, read the statute, the rule and the documents in your own file. Then look for recent appellate decisions from your state, because they control how local courts read the law. After that, compare what you found with the federal rules that may also apply. Our state procedures guide and the Research Center can help you find and check each source.

Sources and further reading

Official sources used on this page:

• law.cornell.edu
• law.cornell.edu
• ncleg.gov
• malegislature.gov
• california.public.law

Related reading on Lawtopolis:

• Chain of Title
• Estates in Land and Co-Ownership: Fee Simple, Life Estates, Joint Tenancy
• Adverse Possession and Easements