Q: How does title to the property pass from the seller to purchaser?

A: Generally, title to property passes from seller to buyer by execution by the seller and recording of a deed transferring title to the property by the closing attorney in the real estate records of the county in which the property is located. The deed will have a granting clause that includes more than one of the following words: "sell," "convey," "grant," and "transfer."

In a deed transferring title, there are usually two parties, the seller, or "grantor" and the buyer, or "grantee." Deeds may come in different forms. The three most common are a "General Warranty Deed," a "Limited Warranty Deed" and a "Quitclaim Deed."

Each type has language that affects how strongly the seller warrants the title to the purchaser. In a general warranty deed, the grantor states he shall warrant and forever defend the title to the property sold to the purchaser against any claims. This is the best type of deed for a buyer to get.

In a limited warranty deed, the grantor states that he shall warrant and forever defend the title against the claims of all persons who claim through or under the grantor, but not otherwise. This type of deed limits the warranty to those claiming through the grantor, but not through those who may have previously owned the property. Finally, in a quitclaim claim the grantor only transfers his own present interest, if any, in the property.

Q: What is a title search?

A: The process of checking the public records and legal proceedings to disclose the current state of ownership of a real property.

Have a question you would like answered in this column? Please contact Jim Scavo at jscavo@wslaw.net or send your question to Jim Scavo, Weinstock and Scavo, P.C., 3405 Piedmont Road, Suite 300 Atlanta, GA 30305

This column is designed to provide information in regard to the subject matter covered. It is not intended to render legal advice.

— By Raghu R. Raju, associate with Weinstock & Scavo, PC, rraju@wslaw.net