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OpenDocumentDepending on the type of deed, the grantee may be given a warranty from the grantor prior to recording that there are no claims on the property; however, this isn’t provided in every case (see quit claim deed). Once the deed is recorded by the clerk of court for the parish in which the conveyed property is located, the grantee will become the legal owner.
Types (4)
General Warranty Deed – Provides the grantee with a general guarantee that there are no claims on the property, and that the grantor is the title holder.
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Quit Claim Deed – A conveyance instrument that isn’t accompanied by any warranty regarding the property title’s quality.
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Special Warranty Deed – A deed in which the grantor promises to defend the property from any claims on their own account.
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Cash Sale Deed – Used when the buyer pays the full price in cash.
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Laws & Requirements
- Statutes: Chapter 5 – Proof of Obligation
- Formatting: CC 3352(A), § 844(A)(1)(i), (B)(2)
- Signing Requirements (CC Art. 1833, 1839, 2440): Notary Public and Two (2) Witnesses
- Where to Record (CC 3346(A)): Clerk of Court’s Office
- Recording Fees (§ 844(A)(1)(a)): $100 (1 to 5 pages) / $200 (6 to 25 pages)
- Property Disclosure Statement (§ 9:3198): Property sellers must complete a disclosure statement that informs buyers about any defects or adverse conditions on the premises or property title.