Deeds must be signed by the grantor, acknowledged before a notary public, and filed in the town or county clerk’s office.
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Types (5)
Deed of Trust – Used by a purchaser of property and their creditor to convey a title to a neutral party who will return it to the purchaser after their debt is settled.
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Enhanced Life Estate Deed – Used to name a successor for a property; the property title will be automatically transferred after the grantor’s death.
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General Warranty Deed – Used to transfer a property title with a guarantee of the title’s condition and the owner’s right to convey the title.
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Quit Claim Deed – Used to convey a property title without covenants against encumbrances.
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Special Warranty Deed – Used to convey a property title with covenants guaranteeing the condition of the title from the grantor’s period of ownership only.
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Laws & Requirements
- Statutes: Chapter 5 – Conveyance of Real Estate
- Formatting: No state-wide requirements. Individuals can contact the city/town/county clerk for local requirements.
- Signing Requirements (§ 341(a)): Notary Public
- Where to Record (§ 402): City/Town/County Clerk’s Office
- Recording Fees (§ 1671(a)(6)): $15 per page
- Forms:
- Property Transfer Tax Return (Form PTT-172): Must be filed with the clerk when recording a property deed (or online). The property transfer tax can be paid online or by check (see link below for mailing address).
- Smoke Detector Certificate (§ 2883(a)): Sellers of single-family homes must complete and provide the buyer with this form certifying that the property’s smoke detectors comply with legal guidelines.