The Different Types of Deeds In Virginia and Characteristics of Each: A Comprehensive Guide

Today, we’re going to delve into the world of real estate deeds in the Commonwealth of Virginia. A deed, in its simplest form, is a legal document that transfers ownership of real estate from one party to another. However, not all deeds are created equal. In Virginia, there are several types of deeds, each with its own unique characteristics and uses. Let’s explore them together, focusing on how they impact the Virginia property title transfer process.

1. General Warranty Deed

The General Warranty Deed is the gold standard of deeds. It provides the highest level of protection for the buyer because the seller guarantees that they own the property free and clear of any liens or encumbrances. This guarantee extends back to the property’s origins, regardless of the property’s history. This makes it a particularly important consideration for those seeking Virginia real estate closing legal services.

Typically, when a Seller sells property to a Buyer, a deed is drafted granting title to the Buyer. The General Warranty Deed and Special Warranty Deed are deeds which contain warranties/covenants which protect the Buyer

The deed transfers the legal title to the Buyer and assures that the Seller is the rightful owner of the property and is selling that property with marketable title, i.e. free of any liens. The six covenants of title (warranties) represent the promises that the Seller makes. Three covenants are considered present covenants, which means they apply to the Seller. The other three are future covenants, which the Buyer can enforce against any previous owners of the property if these covenants are breached.

The General Warranty Deed has all six covenants whereas the Special Warranty Deed only has the present covenants.

Present Covenants

• Covenant of Seisin:

The Covenant of Seisin is a promise that the Seller is the rightful owner of the property being sold. In other words, it’s a promise that the Seller actually owns the property. This applies both to the title to the property and the right to possess the property. “Seisin” applies to both the title to the property and the right of possession to the property, meaning, the Seller owns the property and has the right to occupy it.

• No Encumbrances

The Covenant against Encumbrances is a promise by the Seller that the property is not subject to any liens, mortgages, taxes, leases, easements and other restrictions that may affect the Buyer’s ability to use the property or reduce its value.

• Right to Convey

The Right to Convey means that the Seller is legally entitled to transfer the property to the Buyer. The seller must hold title to the property to possess the right to convey.

Future Covenants

• Quiet Enjoyment

The Covenant of Quiet Enjoyment is a promise that the Buyer’s right to possession will not be impacted by a third party’s claim to title. In other words, it’s a promise that someone will not later come and claim they are the rightful owner of the property. If a third party came forward with a claim, the Seller could be liable for damages.

• Covenant of Warranty

The Covenant of Warranty is very similar to that of quiet enjoyment. This future covenant is a promise that the grantor will defend against any title claims from third parties – if there’s a problem it’s up to the grantor or seller to sort it out. By the covenant of warranty, the grantor also promises to compensate the buyer for any losses she might incur as a result of any third-party claim.

• Further Assurances

The Covent of Future Assurances is a promise that the grantor will do whatever is reasonably necessary help the grantee perfect the title should the need arise later down the road. This could involve executing additional legal documents or correcting mistakes found in previous documents.

For instance, let’s say you’re purchasing a historic home in Alexandria. With a General Warranty Deed, the seller is assuring you that there are no undisclosed issues, even from 200 years ago when the property was first established.

2. Special Warranty Deed

A Special Warranty Deed, also known as a Limited Warranty Deed, offers less protection than a General Warranty Deed. The seller only guarantees that they have done nothing during their ownership to encumber the property. It does not cover any issues that may have arisen before they took ownership.

Consider you’re buying a commercial property in Richmond. The seller, a company that owned the property for the last five years, provides a Special Warranty Deed. This means they guarantee there are no issues that arose during their ownership period, but anything prior is not their responsibility.

3. Transfer on Death Deeds

A transfer on death deed allows an owner to effect the actual transfer of the property at the moment of death of the grantor (see Va. Code § 64.2‐621, et seq.). It is revocable by the grantor only by a revocatory act taken against or on the original or copy of the recorded transfer on death deed.

For example, if you would like to maintain sole ownership while you are living with the continued rights to sell the property, but wish the property to go to someone else at your death, this method could be used.  The advantage is that you can always revoke it before you die if you change your mind. The statute provides a number of ways to properly revoke it.

4. Life Estate Deeds

A life estate deed conveys property to a person for his or her life and at death, the property reverts back to the grantor.  For example, if you want to provide that your mother should live in the property for her life, she owns the property until she passes and at her death it goes back to you or your estate if you have pre-deceased her.

5. Deed of Confirmation

When the chain of title becomes convoluted due to prior transfers which lead to confusion as to the resulting owners, a deed of confirmation can be used to recite the history of transfers in such a manner that explains how the present ownership is established.

Consider a property that has been conveyed in and out of trusts which were revoked and other trusts created, assets transferred to other individuals or trusts, and where grantees pass away and the ownership is unclear, a deed of confirmation can be used to sort out the title analysis and establish the present owners.

6. Deed of Correction

Some typographical errors in a recorded deed can be corrected by making the correction on the original deed and then re-recorded. Also, an attorney is permitted to file a corrective affidavit to correct minor or obvious errors in legal description of the property.  It cannot change the names of the grantees or material elements of the deed. The procedures for a corrective affidavit and the limitations of such corrections are laid out in §55-609.2

For example, scrivener’s errors in a metes and bounds description such as the wrongor incorrect Deed Book Page number can be corrected on the face of the original instrument or a corrective affidavit created and filed by an attorney.

7. Deed of Distribution

This deed is used when at death, the distribution of the property cannot be determined by the last will or if the decedent died without a will.  In these cases, a deed of distribution can be used to transfer the property. In these instruments it is important to recite the facts that are relied upon to justify the transfer.

8. Quitclaim Deed

A Quitclaim Deed offers the least protection for the buyer. It makes no guarantees about the property’s title. The seller is essentially transferring any interest they may have in the property, but they’re not guaranteeing that they have any interest at all.Consider a property that has been owned in a family for 200 years with no formal transfer, and where there are literally dozens or hundreds of heirs, should one heir wish to convey his possible interests in the land to others, a quitclaim deed can be used.

Now, let’s summarize these deeds in a table for easy reference:

CHART SUMMARY

Type of Deed	Description	Example
General Warranty Deed	Provides the highest level of protection for the buyer. The seller guarantees they own the property free and clear of any liens or encumbrances. This guarantee extends back to the property’s origins.	Buying a historic home in Alexandria, where the seller assures there are no undisclosed issues, even from 200 years ago when the property was first established.
Special Warranty Deed	Offers less protection than a General Warranty Deed. The seller only guarantees that they have done nothing during their ownership to encumber the property. It does not cover any issues that may have arisen before they took ownership.	Buying a commercial property in Richmond from a company that owned the property for the last five years. The company guarantees there are no issues that arose during their ownership period, but anything prior is not their responsibility.
Transfer on Death Deeds	Allows an owner to effect the actual transfer of the property at the moment of death of the grantor. It is revocable by the grantor only by a revocatory act taken against or on the original or copy of the recorded transfer on death deed.	An person wants to plan for disposition of the property at death, but wants to retain the power to devise and revoke the transfer on death if they change their mind.
Life Estate Deeds	Conveys property to a person for his or her life and at death, the property reverts back to the grantor.	A parent wants to ensure their adult child has a place to live for their lifetime, but wants the property to revert back to the parent or his estate at the child’s death.
Deed of Confirmation	Used when the chain of title becomes convoluted due to transfers which lead to confusion as to the resulting owners. It can be used to recite the history of transfers in such a manner that explains how the present ownership is established.	A property that has been conveyed in and out of trusts, transferred to other individuals or trusts, and where present ownership is unclear.
Deed of Correction	Used to correct typographical errors in a recorded deed by making the correction on the original deed and then re-recorded. Also, an attorney is permitted to file a corrective affidavit to correct a legal description of the property.	A deed has been recorded with a typographical error in the legal description of the property.
Deed of Distribution	Used when at death, the distribution of the property cannot be determined by the last will or if the decedent died without a will. In these cases, a deed of distribution can be used to transfer the property.	A property owner dies and the estate or heirs need to distribute the property.
Quitclaim Deed	Offers the least protection for the buyer. It makes no guarantees about the property’s title. The seller is essentially transferring any interest they may have in the property, but they’re not guaranteeing that they have any interest at all.	Family member who is not certain that they have any interest in property but may, desires to provide another person any rights they may have.