Grant Deed Generator

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.