A grant deed is a legal document used to transfer, or convey, rights in real property from a grantor (seller) to a grantee (buyer). It contains implied covenants that the grantor has not previously sold the real property interest now being conveyed, and that the property is being conveyed without any undisclosed liens or encumbrances. Grant deeds typically do not require the grantor to defend claims against the title.

A lawful deed includes the grantor's full name and marital status, as well as the grantee's full name, marital status, mailing address, and vesting. Vesting describes how the grantee holds title to the property. For Iowa residential property, the primary methods for holding title in co-ownership are tenancy in common and joint tenancy. A grant of ownership of real estate to two or more unmarried persons is presumed to create a tenancy in common, unless a joint tenancy is specifically created (Iowa Code 557.15). A transfer to a married couple vests as a joint tenancy, unless otherwise stated (Iowa Code 557.15(3)(a)).

As with any conveyance of real estate, a grant deed requires a complete legal description of the parcel. Recite the source of title to establish a clear chain of title, and detail any restrictions associated with the property. Finally, the deed must meet all state and local standards for recorded documents.

Deeds in Iowa must be signed by the grantor. The acknowledgment (notary) of the deed, whether made within the State of Iowa, outside the state, outside the United States, or under federal authority, should comply with the provisions of chapter 9b of the Iowa Statutes. Once acknowledged, file it in the recorder's office for the county where the property is located.

Include all relevant documents, affidavits, forms, and fees with the along with the deed for recording. For example, most deeds require a Real Estate Transfer Groundwater Hazard Statement (Iowa Code Section 558.69). The local recording office can help determine which supplemental documentation, if any, is necessary for the transaction.

This article is provided for informational purposes only and is not a substitute for the advice of an attorney. Contact an attorney with any questions about grant deeds, or for other issues related to the transfer of real property in Iowa.

(Iowa Grant Deed Package includes form, guidelines, and completed example)

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