Grant Deeds in Orange County, California

A grant deed is one of the most common documents used to transfer ownership of real property in California. The person transferring the property interest is the grantor, and the person receiving the property interest is the grantee.

Unlike a quitclaim deed, a California grant deed carries certain implied covenants concerning the grantor's actions and the property interest being transferred.

What Is a Grant Deed?

A grant deed transfers an interest in real property from the grantor to the grantee.

California Civil Code Section 1113 provides that the use of the word "grant" in a conveyance carries certain implied covenants unless the deed states otherwise.

These covenants concern whether the grantor previously transferred the same property interest and whether the grantor created undisclosed encumbrances affecting the property.

What Implied Covenants Come With a Grant Deed?

Under California Civil Code Section 1113, a grant deed includes two implied covenants unless the deed states otherwise:

• The grantor has not previously transferred the same interest to another person.
• The property is free from encumbrances made by the grantor, other than those disclosed in the deed.

Encumbrances can include liens, easements, or other interests affecting the property.

These implied covenants concern the grantor's own actions. They do not provide a general guarantee that the property's title is free from every issue that may have existed before the grantor acquired the property.

When Are Grant Deeds Commonly Used?

Grant deeds are commonly seen in California property transfers involving:

• Sales of residential property
• Sales of commercial property
• Transfers between individuals
• Certain family property transfers
• Gifts of real property
• Certain transfers involving trusts or business entities

The document used for a particular property transfer depends on the circumstances of the ownership change.

Does a Grant Deed Need to Be Notarized?

For a grant deed to be recorded, the grantor's signature generally must be acknowledged before a notary public.

The acknowledgment allows the Orange County Clerk-Recorder to verify that the document meets the applicable recording requirements.

The grantee typically does not sign the grant deed.

Does a Grant Deed Automatically Cause Property Tax Reassessment?

No. The use of a grant deed does not, by itself, determine whether the property will be reassessed.

The Orange County Assessor reviews the ownership change to determine whether the transfer constitutes a change in ownership for property tax purposes and whether an applicable exclusion from reassessment applies.

California property tax treatment depends on the circumstances of the transfer, not simply the type of deed used.

How Is a Grant Deed Recorded in Orange County?

After the grant deed has been properly completed, signed, and notarized, it can be submitted to the Orange County Clerk-Recorder for recording.

Orange County requires documents affecting real property to be recorded in the county where the property is located. The document must be legible and include the required recording and return information.

A completed Preliminary Change of Ownership Report is generally submitted when recording a document affecting a change in ownership of real property. The PCOR provides information about the transfer for the Orange County Assessor's review.

For more information about this form, see our Preliminary Change of Ownership Report in Orange County guide.

What Happens After the Grant Deed Is Recorded?

Recording places the grant deed in Orange County's official property records.

The recorded document provides a public record of the property transfer. The Orange County Assessor separately reviews the ownership change for property tax purposes.

Recording the grant deed does not, by itself, determine whether the property will be reassessed or whether a property tax exclusion applies.

Frequently Asked Questions

Is a grant deed the same as a quitclaim deed?

No. Both documents can transfer an interest in real property, but a grant deed carries the implied covenants provided by California Civil Code Section 1113. A quitclaim deed transfers the grantor's existing interest without those same implied covenants.

Does a grant deed prove that there are no liens on the property?

No. The implied covenant concerning encumbrances applies to encumbrances made by the grantor and does not guarantee that no other title issues or liens exist.

Where is a grant deed recorded for property located in Orange County?

A grant deed affecting Orange County real property is recorded with the Orange County Clerk-Recorder. Orange County requires property documents to be recorded in the county where the property is located.

Grant Deed Preparation in Orange County

LDA Legal Solutions prepares grant deeds for property transfers in Orange County.

Our deed preparation service can include preparation of the grant deed, the Preliminary Change of Ownership Report when applicable, notarization, and submission for recording with the Orange County Clerk-Recorder.

For more information about deeds, recording, and other property transfer documents, visit our Deeds and Property Transfers in Orange County guide.

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