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Deed Drafting

Experienced Attorneys Draft Reliable Virginia Real Estate Deeds

Charlottesville real estate lawyers facilitate accurate land records

A deed is your record of land ownership. Inaccuracies on the deed create confusion about your holdings and undermine your property rights. At Tucker Griffin Barnes P.C. in Charlottesville, our real estate attorneys understand the importance of accurate records. We draft deeds with meticulous care, so all elements of the document are readily understandable and consistent with known facts related to the property. When our attorneys draft your deed, you can trust that you are getting a reliable document that meets all legal requirements.

Requirements of a Virginia land deed

A deed is necessary to convey a parcel of real estate from one person or entity to another. Virginia law does not dictate a particular form for a deed, but does set certain legal requirements. Minimally, a deed must include:

  • The identity of the parties to the conveyance
  • The consideration paid for the conveyance
  • Language granting the parcel to the grantee
  • A sufficiently specific description of the property and the interest to be conveyed
  • Signatures of the parties granting the conveyance

All deeds must be recorded with the relevant county. Mistakes related to any of these deed requirements can render the deed defective. If that happens, you could face a lengthy and expensive legal process to resolve those problems.

Warranties for your protection

A grantor may include a warranty within the granting language, assuring the recipient of the property that the conveyance is legitimate. This warranty protects the grantee in the event of a title dispute. However, the law does not require a grantor to provide any assurances to the grantee. A deed can convey property under the following terms:

  • Quitclaim — The grantor simply transfers whatever interest they hold in the property to the grantee.
  • General warranty deed — The grantor promises to defend title to the property against all claims.
  • Special warranty deed — The grantor provides assurances related to title defects during their ownership.

Grantees making purchases must generally bargain during the sales process to have any warranties placed in the deed.

Issues with quitclaim deeds

The simplest way to transfer real estate from one family member to another is through a quitclaim. Property owners use quitclaims to gift real estate to their children, or to surrender property to a soon-to-be ex-spouse during divorce. However, even when both parties to a transaction are familiar with the property, many problems can arise. The law prohibits county staff responsible for land records from giving you legal advice, and the office could reject your deed if it isn’t properly prepared.

It’s always best to get professional advice and drafting services when executing a quitclaim. Our real estate attorneys can save you the frustration and expense of a failed deed and the threat that title issues will encumber the property should defects be discovered in the future.

Contact our Charlottesville, VA real estate lawyers to schedule a consultation

The skilled real estate attorneys at Tucker Griffin Barnes P.C. in Charlottesville draft deeds for land transactions throughout Virginia. Call today at 434-973-7474 or contact us online to schedule a consultation. For your convenience, we also have locations in Harrisonburg, Palmyra and Staunton.

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