Closings glossary

Deed

The instrument that conveys real property. Signature, acknowledgment and delivery make it effective between the parties, while recording is what protects it against later purchasers.

What is a deed?

Quick Answer

A deed is the written instrument that transfers ownership of real property from one party to another. In New York it must be signed by the grantor, acknowledged before a notary and delivered, and it is recorded so the transfer stands on the public record against later claims.

The full definition

The instrument that conveys real property. Signature, acknowledgment and delivery make it effective between the parties, while recording is what protects it against later purchasers.

Which related terms should you know?

These are the terms that come up alongside deed in the same file.

Bargain and sale deed
The deed form used in most New York transfers. It passes the seller's interest with limited or no warranty of title, commonly with a covenant against grantor's acts.
Quitclaim deed
A deed conveying the grantor's interest without warranties. It proves nothing about what the grantor owned, so it is used where the parties already know the answer.
Grantor and grantee
The two sides of a conveyance: the grantor gives the interest and the grantee takes it. Both names index the instrument in the public record.
Recording
Filing an instrument with the register or county clerk so it becomes part of the public record. Recording establishes priority against later purchasers and lenders.
Title
Legal ownership of real property and the rights that come with it. A deed is evidence of a transfer of title, not title itself.

Where does deed come up in a New York City closing?

A Manhattan deed signed Monday and recorded Friday binds buyer and seller from Monday, but the recording is what defeats a competing claim filed midweek.

What else should you read before closing?

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Legal Disclaimer: This page is general information about New York practice. It is not legal advice, it does not account for the terms of any particular contract, building or transaction, and reading it does not create an attorney-client relationship. This is attorney advertising. Prior results do not guarantee similar outcomes.