Grant Deed
Grant Deed Generator
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Signature Requirements
E-Signature with Notarization
Grant deeds are valid with electronic signatures under the ESIGN Act and UETA. Notarization is required for recording with the county recorder's office. In California, a notary must verify the grantor's identity and acknowledge the signature. A Preliminary Change of Ownership Report must accompany the deed at recording.
Sample Grant Deed Generated by Legal Tank
Grant Deed
Grantor and Grantee
This Grant Deed (the "Deed") is executed by [____________] (the "Grantor"), whose mailing address is [____________], in favor of [____________] (the "Grantee"), whose mailing address is [____________]. Grantor represents and warrants that Grantor has full legal capacity and authority to convey the Property described herein, and that no consent, approval, or joinder of any third party is required to effectuate this conveyance.
If Grantee consists of more than one person or entity, the interest conveyed herein shall be held as [joint tenants with right of survivorship / tenants in common / community property / community property with right of survivorship] unless otherwise specified in a separate written agreement recorded concurrently herewith. Each Grantee's respective ownership interest shall be as stated on the face of this Deed, or if not stated, in equal undivided shares.
Property Description
Grantor hereby grants to Grantee the following described real property situated in the County of [____________], State of [____________] (the "Property"): [INSERT FULL LEGAL DESCRIPTION]. The Property includes all improvements, fixtures, appurtenances, hereditaments, and easements belonging to or in any way appertaining to the Property, together with all after-acquired title and interest therein that Grantor may acquire.
The Property is commonly known as [____________] and is identified by Assessor's Parcel Number [____________]. In the event of any conflict between the legal description and the street address or parcel number, the metes-and-bounds or lot-and-block legal description shall control. The parties acknowledge that the legal description has been verified against the most recent deed of record and/or a current ALTA/NSPS survey.
Grant and Conveyance
For valuable consideration, the receipt of which is hereby acknowledged, Grantor does hereby grant, convey, and transfer to Grantee, and Grantee's heirs, successors, and assigns, all of Grantor's right, title, and interest in and to the Property, together with all rights, privileges, and appurtenances thereunto belonging. This conveyance shall vest in Grantee a fee simple estate in the Property, subject only to the matters set forth in Article V of this Deed.
By the use of the word "grant" in this conveyance, and pursuant to applicable state law, the following covenants are implied on the part of Grantor, and are hereby expressly affirmed: (a) that Grantor has not previously conveyed the same estate or any right, title, or interest therein to any person other than Grantee; and (b) that such estate is, at the time of execution of this Deed, free from encumbrances done, made, or suffered by Grantor, or any person claiming under Grantor, except as disclosed herein.
+ 1 more subsections in generated document
Implied Warranties
Grantor hereby covenants that Grantor has not conveyed the same estate, or any right, title, or interest therein, to any person other than Grantee by any instrument that remains in force and effect. Grantor further covenants that the estate conveyed herein is free from all liens, encumbrances, assessments, and defects of title made, suffered, or created by Grantor, except for those matters expressly set forth in Article V.
The warranties and covenants contained herein are limited to acts and omissions of Grantor and persons claiming by, through, or under Grantor, and do not extend to acts or omissions of any prior owner, predecessor in title, or third party. Grantor makes no warranty regarding the actions of parties who are strangers to Grantor's chain of title, including but not limited to governmental entities, utility companies, and holders of interests arising by operation of law.
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Encumbrances and Exceptions
This conveyance is made subject to the following matters (collectively, the "Permitted Exceptions"): (a) general and special real property taxes and assessments for the current fiscal year, which are a lien not yet due and payable; (b) all covenants, conditions, restrictions, reservations, rights, rights-of-way, and easements of record; (c) any facts that a current, accurate survey or physical inspection of the Property would reveal; and (d) any applicable zoning laws, ordinances, and regulations of any governmental authority having jurisdiction over the Property.
Grantee acknowledges that Grantee has had the opportunity to obtain a preliminary title report, title commitment, or other title evidence, and to conduct a physical inspection and survey of the Property prior to the execution of this Deed. Grantee accepts the Property subject to the Permitted Exceptions and any additional matters disclosed in writing by Grantor or discovered by Grantee through reasonable due diligence prior to the date of this conveyance.
Consideration
The total consideration for this conveyance is [$__________], consisting of [cash / certified funds / wire transfer / assumption of existing indebtedness / other consideration], paid by Grantee to Grantor. Grantor hereby acknowledges receipt of the full purchase price and releases Grantee from any further payment obligation in connection with this conveyance. The stated consideration reflects the actual, total consideration paid for the Property as required for documentary transfer tax computation.
For purposes of computing documentary transfer tax, the consideration or value of the interest or property conveyed, exclusive of the value of any lien or encumbrance remaining on the Property at the time of transfer, is [$__________]. The documentary transfer tax is based upon the full value of the Property transferred, or upon the full value less the amount of any existing liens and encumbrances, as indicated on the face of this Deed or on a separate declaration filed concurrently herewith.
Tax and Transfer Declarations
The parties hereby declare that the documentary transfer tax due in connection with this conveyance is [$__________], computed on the [full value of the Property / full value less liens and encumbrances remaining at time of sale], and shall be paid by [Grantor / Grantee] at the time of recording. A Preliminary Change of Ownership Report (or equivalent form required by the applicable jurisdiction) has been completed and is filed concurrently with this Deed.
The parties acknowledge that this transfer may trigger a reassessment of the Property's value for property tax purposes under applicable state law, unless an exclusion or exemption applies. Grantee is solely responsible for filing any claims for exclusion from reassessment, including but not limited to parent-child exclusions, spousal exclusions, or exclusions for transfers between co-owners, within the time periods prescribed by the applicable tax assessor's office.
Recording
This Deed shall be recorded in the office of the County Recorder for the county in which the Property is located. All recording fees, documentary transfer taxes, and related charges shall be borne by [Grantor / Grantee] unless otherwise agreed in writing. The conveyance evidenced by this Deed shall be effective upon delivery to Grantee, but shall not constitute constructive notice to third parties until recorded in the official records.
Upon recording, this Deed shall impart constructive notice to all persons as provided by the recording statutes of the State of [____________]. Grantee is advised to promptly record this Deed to protect Grantee's interest against subsequent purchasers, encumbrancers, and judgment creditors. Any delay in recording shall be at Grantee's sole risk.
Execution and Acknowledgment
Grantor has executed this Deed as of the date set forth below. Grantor's signature shall be acknowledged before a notary public or other official authorized to take acknowledgments in the jurisdiction where this Deed is executed. If Grantor is a legal entity, the person executing this Deed on behalf of Grantor warrants that he or she is duly authorized to execute and deliver this instrument and to bind the entity.
This Deed may be executed in one or more counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Electronic signatures shall be valid and binding to the extent permitted by applicable state law, including the Uniform Electronic Transactions Act ("UETA") and the federal Electronic Signatures in Global and National Commerce Act ("ESIGN Act").
Governing Law
This Deed shall be governed by and construed in accordance with the laws of the State of [____________], including all applicable statutes governing real property conveyances, recording requirements, and implied covenants arising from the use of the word "grant." Any legal action or proceeding arising out of this Deed shall be brought exclusively in the courts of the State of [____________] located in the County of [____________].
If any provision of this Deed is determined by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The prevailing party in any action to enforce this Deed shall be entitled to recover reasonable attorneys' fees and costs from the non-prevailing party, to the extent permitted by applicable law.
What Is a Grant Deed?
A grant deed is a real property conveyance instrument primarily used in California and several other western states that transfers ownership from a grantor to a grantee while carrying two implied covenants: that the grantor has not previously conveyed the same property to another party, and that the estate being transferred is free from encumbrances created by the grantor. Established under California Civil Code Section 1113, the grant deed occupies a middle position between a quitclaim deed (no guarantees) and a general warranty deed (full title guarantees), providing meaningful but limited protection to the grantee.
The grant deed's two implied covenants provide important protections without requiring the grantor to guarantee the entire chain of title. The first covenant ensures the grantee that the grantor has not already sold or transferred the same property to someone else, protecting against double-conveyance fraud. The second covenant warrants that the grantor has not placed any liens, easements, or other encumbrances on the property during their ownership that have not been disclosed. These implied covenants arise by operation of law whenever the word "grant" is used in the deed, even if the covenants are not explicitly stated. This distinguishes the grant deed from a quitclaim deed, which carries no covenants whatsoever.
In California, grant deeds trigger several additional requirements beyond those applicable to other deed types. A Preliminary Change of Ownership Report (PCOR) must be filed with the county recorder at the time the grant deed is recorded, and failure to include it results in a penalty fee. The documentary transfer tax, calculated at $1.10 per $1,000 of the property's transfer value in most California counties (with higher rates in certain cities), must be paid at the time of recording. The assessor's parcel number (APN) must be referenced on the deed. Title companies and escrow officers routinely prepare grant deeds as part of the closing process for California real estate transactions.
An interspousal grant deed is a specialized variant used to transfer property between spouses, typically to change the characterization of property from community to separate property or vice versa, to add or remove a spouse from title, or to implement the terms of a marital settlement agreement. Interspousal transfers are generally exempt from documentary transfer tax and reassessment under Proposition 13. Grant deeds are also used in trust transfers, estate distributions, and transactions involving living trusts where the trustor transfers property into or out of the trust.
| Grant Deed Feature | General Warranty Deed | Grant Deed (California) | Quitclaim Deed |
|---|---|---|---|
| Implied Covenants | Six express covenants | Two implied covenants | None |
| Title Protection Scope | Entire chain of title | Grantor's ownership period only | No protection |
| PCOR Required | Varies by state | Yes (California) | Yes (California) |
| Transfer Tax | State-specific | $1.10 per $1,000 in most CA counties | May be exempt |
Why You Need a Grant Deed
You are selling real property in California and need the standard conveyance instrument that provides implied title covenants to the buyer as part of the escrow closing process. Review our free grant deed template to understand the standard California format before generating your deed.
A married couple wants to change the vesting on their home from community property to joint tenancy or vice versa using an interspousal grant deed.
You are transferring property into your Living trust document for estate planning purposes and need a grant deed that avoids triggering reassessment under Proposition 13.
An estate executor needs to distribute real property to heirs according to the terms of a last will and requires a grant deed to complete the transfer.
You are adding or removing a co-owner from the property title and need a deed that provides implied covenants while meeting California recording requirements. Get a quote for your grant deed for complex vesting changes with full PCOR and transfer tax compliance.
Related Real Estate Documents
Grant Deed is often used alongside other real estate documents. Depending on your situation, you may also need:
Key Sections in a Grant Deed
Grantor and Grantee Identification
Names and addresses of the transferor and transferee, matching the vesting on the existing deed. For entity transfers, the entity name and the authorized signer's title must be included.
Legal Description and APN
The complete legal description of the property and the assessor's parcel number. California requires the APN on all recorded documents affecting real property.
Grant Language and Covenants
The operative "grants" or "conveys" language that triggers the two implied covenants under California Civil Code Section 1113. The deed may also include additional express covenants or limitations.
Documentary Transfer Tax Statement
States the amount of documentary transfer tax paid or the basis for an exemption. Common exemptions include interspousal transfers, transfers to trusts, and transfers for no consideration.
Notarization and Recording
The grantor's signature must be notarized, and the deed must be recorded with the county recorder in the county where the property is located. California requires specific formatting including font size and margin requirements.
Preliminary Change of Ownership Report
A PCOR must accompany the grant deed at recording. This form notifies the county assessor of the ownership change and determines whether the property will be reassessed.
Grant Deed Legal Requirements
California Civil Code Section 1113 establishes that the word "grant" in a conveyance carries implied covenants that the grantor has not previously conveyed the estate and has not encumbered it beyond disclosed exceptions.
A Preliminary Change of Ownership Report (BOE-502-A) must be filed with the county recorder at the time of recording, with a penalty for non-compliance.
Documentary transfer tax is due at recording, calculated at $1.10 per $1,000 of the transfer value in most counties, with exemptions for certain transfers.
The deed must be notarized and must comply with California Government Code formatting requirements, including 8-point minimum font, specific margin sizes, and a 3-inch top margin on the first page for recorder's use.
Proposition 13 exemptions from reassessment apply to certain transfers including parent-child, grandparent-grandchild, and transfers to revocable living trusts, and the appropriate exclusion claim must be filed with the assessor. The California Board of Equalization provides guidance on Proposition 13 exclusions.
Common Grant Deed Mistakes to Avoid
Omitting the Preliminary Change of Ownership Report, which results in a $20 to $75 penalty fee assessed by the county recorder in addition to the standard recording fees.
Using incorrect vesting language that does not match how the grantor currently holds title, which can create title defects requiring corrective deeds or quiet title actions.
Failing to include the assessor's parcel number on the deed, which may cause the county recorder to reject the document for recording.
Not paying the correct documentary transfer tax or failing to claim an applicable exemption, resulting in either overpayment or rejection of the deed at recording.
Using a grant deed when a quitclaim deed would be more appropriate, such as transfers between family members where the implied covenants could create unintended liability for the grantor. Under Civil Code § 1113, even the single word "grant" triggers implied covenants by operation of law.
Frequently Asked Questions About Grant Deeds
What is a grant deed?
What is the difference between a grant deed and a warranty deed?
Does a grant deed need to be notarized?
What are the implied covenants in a grant deed?
Is a grant deed the same as a title?
Who signs a grant deed?
What is a documentary transfer tax?
How do I transfer property with a grant deed?
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