Sunday, April 24, 2011

How To Transfer Title To Real Estate

How to Transfer Real Estate Without a Lawyer


A deed can be recorded without an attorney

Real estate is transferred thousands of times each day. Most transactions are done by real estate attorneys, however, a non-attorney can legally transfer his own property to another person without an attorney. Such a transfer is valid, provided the land owner is aware of certain essential legal requirements and ensures that the transfer complies with the law.

Step 1

Locate a vaild legal description

Obtain the property's legal description. All real estate has a unique legal description, which specifically describes the property. An address is not the legal description. The legal description may include a metes and bound description, or exact measurements from a surveyor's report. You can often locate the property's legal description from previously recorded deeds or mortgages.

Step 2

Real estate tranfers have to be in writing

Prepare the deed. Any transfer of real estate has to be in writing to be valid. The deed should identify the present and future owner and contain words that make it clear you are conveying the property to the new owner. Include the legal description in the body of the document. The document should be dated, signed and the signature of the conveyor notarized.

Step 3

The deed is filed as a public record

Record the deed with the court in the county where the real estate is located. Real estate deeds are typically filed in the county's Recorder of Deeds. A filing fee will be assessed by the clerk when the deed is filed, and the original deed will be returned to the new owner after the recording is complete.

Step 4

Record the deed as soon as possible. The ownership of the real estate will transfer upon the execution of a legal deed. However, the ownership interest may not be protected until it is recorded.


* This article does not constitute legal advice, and prior to drafting your deed, you should speak with competent legal counsel, because the factual circumstances of your situation and the laws of your jurisdiction may require special attention.

David Burlison practiced law for 25 years In Tennessee and Mississippi. He has traveled extensively throughout the world, and once lived and worked in the U.S. Virgin Islands. He has published numerous articles with Demand Studios, Ezine Articles, GoTo Articles and Hubpages. His publications have covered subjects dealing with law, travel and various social issues.

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