This glossary explains common terms used in quitclaim deeds, deed recording, title transfers, and real estate ownership.
Important:
These glossary definitions are general educational explanations and are not legal advice.
Glossary Terms
- Acknowledgment
- Chain of Title
- Cloud on Title
- Community Property
- Consideration
- County Recorder
- Encumbrance
- Grant Deed
- Grantee
- Grantor
- Homestead
- Joint Tenancy
- Legal Description
- Notary Public
- Quitclaim Deed
- Real Property
- Recording
- Right of Survivorship
- Tenancy by the Entirety
- Tenancy in Common
- Title
- Transfer Tax
- Warranty Deed
Definitions
Acknowledgment
An acknowledgment is the signer's declaration to a notary public that they signed the deed and did so willingly. The notary confirms who the signer is and completes a certificate, which is what lets the deed be recorded.
Chain of Title
Chain of title is the sequential history of ownership for a piece of property, traced backward through past deeds. A broken or unclear chain of title can create a cloud on title and complicate a future sale or transfer.
Cloud on Title
A cloud on title is a possible ownership issue, claim, lien, or defect that may affect clear ownership of real estate.
Community Property
Community property is a marital property system, used in a handful of states, where most property acquired during a marriage is considered equally owned by both spouses. In most community property states, both spouses need to sign a deed transferring community real estate, even if only one name is on the title. Texas and Wisconsin are different: there the spouse named on the title can often sign alone, except for the family home.
Consideration
Consideration refers to the value exchanged in a property transfer. This may be money, property, services, or other agreed value.
County Recorder
The county recorder is the local government office that accepts deeds for recording and maintains the public land records. Many states use this same office under a different name — Register of Deeds, Recorder of Deeds, County Clerk, County Auditor, or Circuit Clerk, depending on the state.
Encumbrance
An encumbrance is any claim, lien, easement, or restriction attached to a property that may affect its value or transferability. A quitclaim deed does not remove existing encumbrances — it only transfers whatever interest the grantor has, encumbrances included.
Grant Deed
A grant deed is a type of deed, used in some states in place of a warranty deed, that includes limited promises about title — typically that the grantor has not already transferred the property to someone else and that the property is free of undisclosed liens created by the grantor. It offers more protection than a quitclaim deed but less than a full warranty deed.
Grantee
The grantee is the person or entity receiving ownership interest in the property through the deed.
Grantor
The grantor is the person or entity transferring ownership interest in the property.
Homestead
A homestead is the primary residence where a property owner or their family lives. Many states give homestead property special legal protection, and some require both spouses to sign a deed transferring the homestead, even if only one spouse holds title.
Joint Tenancy
Joint tenancy is a form of co-ownership in which each owner holds an equal share and, when one owner dies, the survivors take that share automatically, without probate. Some states require the deed to say so in words.
Legal Description
A legal description is the formal property description used in deeds and official land records. It is usually more precise than a street address.
Notary Public
A notary public is an officer authorized by the state to confirm a signer's identity, take acknowledgments, and administer oaths on documents such as deeds. The notary does not check whether the deed is a good idea.
Quitclaim Deed
A quitclaim deed transfers whatever ownership interest the grantor may have in real estate without guaranteeing clear title ownership.
Real Property
Real property refers to land and anything permanently attached to it, such as a house or other structures. It is distinct from personal property, which includes movable items not attached to the land.
Recording
Recording is the process of filing a deed with the county or local recording office so the transfer becomes part of the public record.
Right of Survivorship
Right of survivorship means that when one co-owner dies, their ownership share passes automatically to the surviving co-owner or co-owners, without going through probate. It is a feature of joint tenancy and tenancy by the entirety, but not of tenancy in common.
Tenancy by the Entirety
Tenancy by the entirety is a special form of joint ownership available only to married couples in some states. Both spouses are treated as owning the whole property together as a single legal unit, so both generally must sign to transfer or encumber it.
Tenancy in Common
Tenancy in common is a form of co-ownership in which each owner holds a separate share, equal or unequal, with no right of survivorship. When one owner dies, their share passes under their will or through their estate, not to the other owners.
Title
Title is the legal right to own and use a piece of real estate, and the recorded history that shows who holds that right.
Transfer Tax
Transfer tax is a fee some states and counties charge when real estate changes ownership, usually based on the sale price or value of the property. States use many different names for this same basic idea, including recordation tax, documentary stamp tax, real estate excise tax, conveyance tax, and realty transfer tax. Some transfers, such as gifts between family members, are often exempt.
Warranty Deed
A warranty deed is a type of deed that guarantees the grantor holds clear title to the property and promises to defend that title against claims. This is different from a quitclaim deed, which transfers whatever interest the grantor has without any guarantee about the condition of the title.