Statutory deeds and special purpose deeds

Two questions about a deed

Ask what title promises the deed makes and why this particular grantor is conveying. A statutory form answers the first question through legislation. A special-purpose deed often identifies the grantor's role or the transaction instead.

Florida statutory forms

Florida's statutory warranty deed fully warrants title and promises defense against lawful claims. A deed substantially following that form carries full common-law covenants even when they are not individually written out. These include ownership, authority to convey, protection against undisclosed encumbrances, quiet enjoyment, warranty of title, and further assurances. General warranty protection reaches qualifying defects arising before the grantor's ownership, subject to the deed's exceptions. A special warranty deed instead limits its warranty to claims arising by, through, or under the grantor.

Florida's statutory quitclaim deed releases whatever right, title, interest, claim, and demand the grantor has. It gives no title warranty. It can convey an actual ownership interest or release a possible claim; it does not prove the grantor owns anything. A bargain and sale deed conveys property without the full warranties of a general warranty deed; additional covenants depend on its language.

Both Florida statutory forms call for a parcel identification number space, with the number entered if available. The parcel number cannot replace the legal description. Its omission does not invalidate the conveyance or prevent recording.

Special purposes

A personal representative's deed conveys property through an authorized estate representative. A trustee's deed conveys through a trustee acting under trust authority; it is different from a deed of trust used as security. A guardian's deed concerns conveyance by an authorized guardian for a ward. A tax deed arises from a tax-sale process, while a sheriff's deed arises from an execution sale. In Florida mortgage foreclosure, the clerk's certificate of title is the characteristic title-transfer instrument. These labels do not by themselves promise general warranty protection. Examine the instrument and the grantor's authority.

A corrective deed addresses an error in an earlier conveyance; it is not permission to take additional property. Florida also provides a limited curative-notice procedure for qualifying single legal-description errors. Section 689.041 excludes quitclaim deeds and requires its other conditions to be met; a compliant notice relates the correction back to the first erroneous deed's recording date.

For an actual transaction, have a qualified title professional or attorney determine the appropriate instrument and required authority. On the exam, distinguish promises about title from the purpose of the transfer.