2.2 Titles, Deeds, and Recording

Title and Evidence of Title

Title is not a document — it is the legal right to ownership and the evidence of that right. A deed is the written instrument that actually conveys title from the grantor (seller/giver) to the grantee (buyer/receiver).

Because title itself is intangible, buyers rely on evidence of title to prove ownership is good and marketable:

• Abstract of title — a condensed history of every recorded document affecting the property (deeds, mortgages, liens, easements).
• Chain of title — the unbroken sequence of owners from the original grant to the present; a gap is a cloud on title.
• Title insurance — a policy that protects against losses from defects not revealed by the public record.
• Attorney's opinion / certificate of title — a legal judgment that title is marketable.

Marketable title is title a reasonable buyer would accept — free of undisclosed defects, serious doubt, or the threat of litigation.

Types of Deeds and Their Covenants

Deeds differ chiefly in how much the grantor warrants. From strongest to weakest protection:

A general warranty deed carries the five (often grouped as four) covenants:

• Covenant of seisin — the grantor owns the property and has the right to convey it.
• Covenant against encumbrances — there are no undisclosed liens or easements.
• Covenant of quiet enjoyment — no third party will disturb the grantee's possession with a superior claim.
• Covenant of further assurance — the grantor will execute documents needed to perfect title.
• Covenant of warranty forever — the grantor will defend the title against all claims, even after closing.

A quitclaim deed is commonly used to clear a cloud on title, release a spouse's potential interest, or correct a name error — it transfers nothing if the grantor in fact owns nothing.

Essential Elements of a Valid Deed

To transfer title, a deed must satisfy each of these requirements:

1. Grantor with legal capacity — of legal age and sound mind. (The grantee need only be identifiable.)
2. Named grantee — identified with reasonable certainty.
3. Words of conveyance — the granting clause (e.g., "convey and warrant") showing intent to transfer.
4. Legal description — an accurate description of the property (covered in Section 2.3).
5. Consideration — something of value recited; deeds often state nominal consideration such as "$10 and other good and valuable consideration."
6. Grantor's signature — signed by the grantor; in Florida a deed must be witnessed by two witnesses and acknowledged before a notary to be recordable.
7. Delivery and acceptance — title passes only when the deed is delivered by the grantor and accepted by the grantee during the grantor's lifetime.

Voluntary vs. Involuntary Alienation

Alienation is the transfer of title. Voluntary alienation is a transfer by the owner's choice — by deed (sale or gift) or by will/descent at death. Involuntary alienation occurs without the owner's consent: by eminent domain (government taking), foreclosure, adverse possession, escheat (no heirs), or partition by court order.

Recording and Constructive Notice

Recording is the act of filing a deed (or other instrument) in the public records of the county where the property lies. Recording is not required to make a transfer valid between grantor and grantee, but it is critical for protection.

• Constructive notice — recording gives legal (constructive) notice to the entire world of the document's contents; everyone is presumed to know what the public record shows.
• Actual notice — knowledge a person genuinely has, however acquired.
• Priority — generally "first in time, first in right." The party who records first usually has superior claim, which is why a buyer records immediately at closing.

Title insurance then protects against defects the record could not reveal — forgery, undisclosed heirs, fraud, errors in prior deeds. An owner's policy protects the buyer for as long as they own the property; a lender's (mortgagee's) policy protects the lender for the loan balance. A single one-time premium is paid at closing.

Together, the abstract, chain of title, recording for constructive notice, and title insurance form the system that lets a buyer trust that the title they receive is good and defensible.

How the Pieces Fit Together at Closing

A typical Florida closing weaves these concepts in sequence. The closing agent first searches the public records and reviews the chain of title to confirm an unbroken line of ownership. Any cloud — a gap, an old unsatisfied mortgage, a missing spouse's signature — must be cleared, often with a quitclaim deed from the party who might claim an interest. The grantor then executes the warranty deed before two witnesses and a notary, delivers it, and the grantee accepts it.

The agent records the deed immediately to lock in priority and trigger constructive notice, and issues the owner's title insurance policy so any defect that slipped past the search is covered. Understanding this order helps you answer scenario questions that ask which step actually transfers title (delivery and acceptance) versus which step merely protects the buyer (recording and title insurance).