In North Carolina, a deed is used to convey real estate from one person to another. There are different types of deeds, and they vary depending on the state. In North Carolina, there are three main types of deeds: (1) general warranty deed; (2) special warranty deed; and (3) quitclaim deed. Each of these main types of deeds are used for different purposes.
The general warranty deed is the most common type of deed used in North Carolina. This deed is different from the rest because the seller protects the buyer against any title defects or claims arising at any point in time, not just for the length of time when the seller owned the property. Additionally, the seller warrants that they are the current rightful owners, they have the right to convey title, and there are no encumbrances that are not listed in the deed.
The special warranty deed in North Carolina is also referred to as a limited warranty deed. This special warranty deed is different than the general warranty deed in a major way. Here, the seller is only stating that they will protect the buyer from any title defects or claims arising during the seller’s ownership, not from any point in time before the seller had ownership.
The quitclaim deed in North Carolina is also referred to as a non-warranty deed. This type of deed offers no guarantees to the buyer that the seller has an interest in the property or has good title to the property. Quitclaim deeds are mostly used with family members or spouses, and they sometimes are conveyed for no money at all.
The best way to protect yourself as a buyer is to get a general warranty deed. However, any of these three main types of deeds can convey real estate from one person to another. Additionally, all deeds become public record once they are recorded with the county. If you have any questions about deeds in North Carolina, please contact our firm.
-Robert Sosower, Associate Attorney
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