Deed
A legal document that transfers ownership of real estate from one person to another. In Minnesota, deeds must be recorded with the county recorder.
A deed is the legal document used to transfer ownership of real property (land and buildings) from one person or entity to another. In Minnesota, there are several types of deeds that provide different levels of protection to the buyer:
- Warranty deed: The seller guarantees they have clear title and will defend against any future claims. This provides the most protection.
- Quitclaim deed: The seller transfers whatever interest they have in the property without making any guarantees. This provides no protection against title defects.
- Contract for deed: The seller finances the purchase and retains the deed until the buyer completes all payments.
To be legally effective, a deed must be in writing, signed by the seller, and delivered to the buyer. To protect your ownership rights, the deed should be recorded with the county recorder’s office.
Why it matters: The type of deed you receive when buying property determines your level of protection if someone later claims they own the property. Always record your deed promptly to establish your ownership in the public record.
Example: A couple sells their house and signs a warranty deed transferring ownership to the buyer. The buyer records the deed with the county recorder. Two years later, someone claims they have a lien on the property from before the sale. Because the sellers gave a warranty deed, they are legally obligated to defend the buyer’s title.
Buying or selling a home, transferring property, estate administration, divorce property division