In Mississippi, there are several types of deeds. You should understand the differences between them and whether they favor the buyer or the seller.
The most seller-friendly is the quitclaim deed. When a seller of land gives the buyer a quitclaim deed, the seller is not making any representations as to whether the title is good.
With a quitclaim deed, all the seller is saying is “whatever interest I have in this land, if any at all, I am giving to the buyer.”
Because a quitclaim deed does not assure the buyer that the title to the land is good, a buyer should only accept a quitclaim deed in limited circumstances.
The most common type of deed is the warranty deed. When a seller gives a buyer of warranty deed, the seller is promising the buyer that:
- The title to the land is good.
- The seller actually owns the land.
- The seller has the power to sell the land.
- There are no mortgages or other liens on the land.
- The buyer’s quiet enjoyment of the property will not be interfered with because of a problem with title to the land.
If the seller breaches one or more of these warranties, the buyer may file suit against the seller for any damages that result. This is the most buyer-friendly type of deed.
Special Warranty Deed
There is also a “special warranty deed.” Here the seller is only promising the buyer that neither the seller or anyone else who claims to have acquired an interest in the land from the seller will disturb the buyer’s use and ownership.
Special warranty deeds are often used by banks that have foreclosed on a piece of property. This is because banks do not want to warranty the title of the land prior to the time the bank acquired it.
A buyer should pay to have the title to the land checked before accepting that type of deed.
Special considerations for land owned by two or more persons
It is common for land to be owned by more than one person. There are several different types of ownership, but the two most common are:
- Tenancy in common.
- Joint tenancy with full rights of survivorship.
Does it make a difference which type of ownership is used? Yes.
When property is owned by tenants in common, if one of them passes away, his interest in the land passes to his heirs.
When the owners are joint tenants with full rights of survivorship, when one passes away his interest in the land passes to the other owner.
To speak with one of our Attorneys about questions about your deed, call 601-202-1111 today.
571 Highway 51, Suite B. Ridgeland, MS 39157
Original content by: Attorney Craig Panter of Panter Law Firm