Title Vs. Deed - What is the difference?


Edited Image 2015-4-24-8:0:14

Two common terms you hear when buying a home are Title and Deed. What is the difference?

Simply, Title refers to the bundle of rights associated with the ownership of a piece of property and Deed refers to the document that proves ownership.

There are four types of Deeds:

General Warranty Deed - Provides the greatest protection to the buyer because the seller is legally bound to certain covenants or warranties. These warranties include:

Covenant of Seisin – Seller warrants that they have the right to sell the property.

Covenant Against Encumbrances – Seller guarantees that the property is free of any and all liens except as stated in the deed.

Covenant of Quiet Enjoyment – Seller guarantees that the title is good against any party that might attempt to establish a superior title.

Covenant of Further Assurance – Seller promises to obtain and/or deliver all things necessary to provide clear title.

Covenant of Warranty Forever – Seller promises to compensate the buyer for any loss sustained if the title fails.

Special Warranty Deed – Deed that contains only two basic warranties.

The seller received the title