What are the common types of deeds in Florida?
There are three primary types of deeds: quitclaim, special warranty, and general warranty. The differences are in the warranty of title offered by the grantor.
A quitclaim deed provides no warranty of title. It simply conveys whatever interest the grantor may have in the described property. Sometimes this type of deed is errantly referred to as a “quick claim deed.”
A special warranty deed provides warranty of title against claims arising from the grantor’s ownership. In other words, the grantor is warranting that no one obtained a claim against the property while the grantor owned it.
A general warranty deed provides full warranty of title against all claims. This type of deed is sometimes referred to as a statutory warranty deed, as there is a statute (in Florida, it is F.S. 689.02) that provides the form of the deed. The key language as provided in the statute is that the grantor “does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever.”
Trustee deeds and personal representative deeds are not unique types of deeds, but rather one of the three basic forms (often special warranty) executed by a trustee or a personal representative.
