Tennessee Grant Deed
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In Tennessee, title to real property can be transferred from one party to another by executing a grant deed. Use a grant deed to transfer a fee simple interest with some covenants of title. The word "grant" in the conveyancing clause typically signifies a grant deed, but it is not a statutory form in Tennessee.
Grant deeds offer the grantee (buyer) more protection than quitclaim deeds, but less than warranty deeds. A grant deed differs from a quitclaim deed in that the latter offers no warranty of title, and only conveys any interest that the grantor may have in the subject estate. Grant deeds contain implied covenants that the grantor holds an interest in the property and is free to convey it. A warranty deed offers more surety than a grant deed because it requires the grantor to defend against claims to the title.
A lawful grant deed includes the grantor's full name, mailing address, and marital status; the consideration given for the transfer; and the grantee's full name, mailing address, marital status, and vesting. Vesting describes how the grantee holds title to the property. Generally, real property is owned in either sole ownership or in co-ownership. For Tennessee residential property, the primary methods for holding title are tenancy in common and tenancy by entirety. A conveyance of real estate to two or more unmarried persons creates a tenancy in common. Married couples have the option to vests as tenants by entirety. T.C.A. 66-1-107 abolishes survivorship in joint tenancy. Consult a lawyer for questions regarding joint tenancy and/or survivorship rights in Tennessee.
As with any conveyance of realty, a grant deed requires a complete legal description of the parcel. Recite the prior deed reference to maintain a clear chain of title, and detail any restrictions associated with the property. The completed deed must be acknowledged by the grantor (and his or her spouse, if applicable) in the presence of a notary. Finally, the deed must meet all state and local standards for recorded documents.
Record the original completed deed, along with any additional materials, at the recorder's office in the county where the property is located. Recordation taxes are due upon recording. See 67-4-409 for exemptions. Refer to the same statute and contact the appropriate recorder's office for information on recordation taxes and up-to-date fees.
This article is provided for informational purposes only and is not a substitute for the advice of an attorney. Contact a Tennessee lawyer with any questions related to the transfer of real property.