Grant Deed: What It Is and What It Promises

A grant deed transfers title to real estate using the word "grant." In California, when the deed passes an estate of inheritance or fee simple, that word implies two limited promises unless the deed expressly restrains them: the grantor has not already conveyed the same estate to anyone else, and the estate is free, at signing, from encumbrances made or suffered by the grantor or anyone claiming under the grantor. Six other states attach similar promises to the word or a close variant.

Pillar, a land research software company, wrote this guide. Each statute and county page below applies only in the state or county named. We checked every source on November 15, 2026. This is general information, not legal advice. Confirm the rules for your property with a licensed attorney in your state.

What is a grant deed?

A deed conveys the property and can carry covenants, which are the seller's promises about the title. The seller is the grantor and the buyer is the grantee. Our deed vs title guide explains the difference between the document and the ownership it transfers.

California's Department of Real Estate says in its Reference Book (chapter 7) that "Californians most often transfer title to real property by a simple written instrument, the grant deed."

The statutory form is short. Under California Civil Code section 1092, a grant of an estate in real property "may be made in substance as follows," and the form begins: "I, A B, grant to C D all that real property situated in (insert name of county) County, State of California, bounded (or described) as follows". A property description, a date line and the grantor's signature follow.

What a grant deed promises: the two implied covenants

The form states no promises. They come from Civil Code section 1113. From the use of the word "grant" in any conveyance "by which an estate of inheritance or fee simple is to be passed, the following covenants, and none other, on the part of the grantor for himself and his heirs to the grantee, his heirs, and assigns, are implied, unless restrained by express terms contained in such conveyance:"

1. "That previous to the time of the execution of such conveyance, the grantor has not conveyed the same estate, or any right, title, or interest therein, to any person other than the grantee;"
2. "That such estate is at the time of the execution of such conveyance free from incumbrances done, made, or suffered by the grantor, or any person claiming under him."

The section ends: "Such covenants may be sued upon in the same manner as if they had been expressly inserted in the conveyance."

In plain words: the seller has not already conveyed the estate, or any interest in it, to anyone else, and the estate is free of encumbrances that the seller, or anyone claiming under the seller, did, made or suffered. Section 1114 says "The term 'incumbrances' includes taxes, assessments, and all liens upon real property."

Three conditions sit in the text:

• "And none other." The Department of Real Estate's Reference Book puts it this way: "This does not mean that the grantor warrants that grantor is the owner or that the property is not otherwise encumbered."
• An estate of inheritance or fee simple. The covenants are implied in a conveyance that passes one of those estates, and they run to the grantee and the grantee's heirs and assigns.
• "Unless restrained by express terms." The deed's own words can limit them.

The word "grant" in other states

These statutes attach covenants to the same word or a close variant. Each applies only in its own state, and each lets express terms in the deed restrain the covenants.

• Idaho. From the word "grant" in a conveyance "by which an estate of inheritance, possessory right, or fee simple is to be passed," the same two covenants "and none other" are implied. The second is an estate "free from encumbrances done, made or suffered by the grantor, or any person claiming under him" (Idaho Code 55-612).
• Montana. The word "grant" in a conveyance "by which an estate of inheritance or fee simple or possessory title is to be passed implies only the following covenants and none other," the second being an estate "free from encumbrances done, made, or suffered by the grantor or any person claiming under the grantor" (MCA 70-20-304).
• North Dakota. In a conveyance passing an estate of inheritance or fee simple, section 47-10-19 implies two covenants "and none other" from the word "grant," the second being an estate "free from encumbrances done, made, or suffered by the grantor, or any person claiming under the grantor" (N.D.C.C. chapter 47-10).
• South Dakota. In a conveyance passing an estate of inheritance or fee simple, the word "grant" implies two covenants; the second is an estate "free from encumbrances done, made, or suffered by the grantor, or any person claiming under him" (SDCL 43-25-10).
• Nevada. "The words 'grant, bargain and sell' in all conveyances made after December 2, 1861, in and by which any estate of inheritance or fee simple is to be passed, shall, unless restrained by express terms contained in such conveyances, be construed to be the following express covenants, and none other." The two covenants are close to California's, with "real property" in place of "estate" (NRS 111.170).
• Arizona. The trigger is "grant" or "convey" in a conveyance passing an estate of inheritance or fee simple. The second covenant reads differently: "That the estate is at the time of execution of the conveyance free from encumbrances." The section adds that "the term 'encumbrances' includes taxes, assessments and all liens on real property" (A.R.S. 33-435).

As we read it, Arizona's second covenant is not limited by its words to encumbrances the grantor made, so it is broader on its face than the other six. Ask an Arizona lawyer how courts apply it.

Grant deed vs warranty deed vs quitclaim deed

Here is the grant deed against other deeds' statutory wording. The general and limited (special) warranty covenants are Ohio's (ORC 5302.06, 5302.08). The bargain and sale deed is Oregon's (ORS 93.860). For the quitclaim, California's Reference Book says: "There are no implied warranties in connection with a quitclaim deed."

• The seller owns the land and has the right to sell it. General warranty: yes, the grantor "is lawfully seized in fee simple of the granted premises" and "has good right to sell and convey the same." Grant deed, limited warranty, bargain and sale, quitclaim: no such covenant.
• No encumbrances. General warranty: the premises "are free from all encumbrances." Limited warranty: "free from all encumbrances made by the grantor." Grant deed: free from incumbrances "done, made, or suffered by the grantor, or any person claiming under him." Bargain and sale: Oregon's "shall not operate to provide any covenants of title." Quitclaim: none.
• The seller will defend the title. General warranty: "against the lawful claims and demands of all persons." Limited warranty: against "all persons claiming by, through, or under the grantor, but against none other." Grant deed: section 1113 implies no covenant to defend. Bargain and sale and quitclaim: none.

As we read them, a grant deed's promises sit closest to a special warranty deed's: both look to the seller's own acts, though the grant deed adds no covenant to defend. See our special warranty deed and bargain and sale deed guides.

Does a grant deed pass after-acquired title?

In California, yes. Civil Code section 1106 says: "Where a person purports by proper instrument to grant real property in fee simple, and subsequently acquires any title, or claim of title thereto, the same passes by operation of law to the grantee, or his successors." The Reference Book says a quitclaim deed "does not convey any after-acquired title."

Grant deed vs deed of trust vs title

• Grant deed. The document that transfers ownership from seller to buyer.
• Deed of trust. A loan document. The Department of Real Estate's foreclosure guide (RE 15, revised 2020) defines it as "A deed conveying title to real property to a trustee as security until the grantor/trustor (borrower) repays the loan," and says it "identifies the homeowner as the trustor, the lender as the beneficiary, and a third person as the trustee."
• Title. What the deed transfers. In the Reference Book's words, a deed that is properly executed, delivered and accepted "transfers title to real property from one person (the grantor) to another person (the grantee)."

How to get a copy of a grant deed

For a recorded California grant deed, ask the recorder in the county where the property lies. Civil Code 1169 names that county's recorder as the recording office for instruments entitled to be recorded. Two county examples:

1. Check whether you already have it. Los Angeles County's notice to homeowners says the recorder "mails the original Grant Deed document to the homeowner after it is recorded."
2. Gather what identifies the document. For a mail request, Los Angeles County asks for the title of the document, the names listed on it and the year it was recorded. Orange County identifies documents by the grantor and grantee names and the recording date. For a document recorded in 1982 or after, it asks for the instrument number.
3. Do not expect to download it. Orange County's online search "will only provide an index of searched results and will not allow you to view images." Los Angeles County "does not provide online access to real estate records or indexes" (general information).
4. Choose plain or certified, and pay the county's fee. Los Angeles County's mail request fees are $6 for the first page of a certified copy and $3 for each additional page, or $5 and $3 for a plain copy, plus a non-refundable search fee of "$0.50 per name/per year" with a $1 minimum. Orange County charges "$1 per page plus an additional $1 for certification of each document or map."
5. Order it. Los Angeles County takes requests in person, online, by fax and by mail, and says mail orders "will be processed within 20 working days." Orange County takes mail requests with a self-addressed stamped envelope.

By our arithmetic, a certified copy of a three-page deed is $12 in Los Angeles County before any search fee, and $4 in Orange County. The Los Angeles County notice warns of "official-looking letters" selling copies for "as much as $200," and says "No third party assistance is needed."

What recording a grant deed requires in California

"An unrecorded instrument is valid as between the parties thereto and those who have notice thereof" (Civil Code 1217). But a conveyance that is not recorded first "is void as against any subsequent purchaser or mortgagee of the same property, or any part thereof, in good faith and for a valuable consideration, whose conveyance is first duly recorded," and against certain judgments (Civil Code 1214).

• An acknowledged signature. Before an instrument can be recorded, "its execution shall be acknowledged by the person executing it," with exceptions listed in the section (Government Code 27287).
• Documentary transfer tax. A county "may impose" it by ordinance on deeds conveying realty sold, when the consideration or value, "exclusive of the value of any lien or encumbrance remaining thereon at the time of sale," exceeds $100. The rate is "fifty-five cents ($0.55) for each five hundred dollars ($500) or fractional part thereof." A city in a county that has imposed the tax may impose half that rate, which is credited against the county tax (Revenue and Taxation Code 11911). Los Angeles County's transfer tax page lists special rates for five cities.
• A Preliminary Change of Ownership Report. Transferees, with exceptions listed in the section, "shall complete and may file" it with the recorder when a document effecting a change in ownership is recorded. Without it, "the recorder may charge an additional recording fee of twenty dollars ($20)," and recording is not delayed if that fee is tendered. (Revenue and Taxation Code 480.3).
• Recording fees. Los Angeles County's fee page lists, for a grant deed, a $15.00 base fee and $3.00 for each additional page, among other listed fees, and a $10.00 survey monument fee when the legal description "is not shown as being on a recorded subdivision tract map." Orange County's fee schedule (effective 01/01/2026) lists $12.00 for a standard first page.

Why California buyers still buy title insurance

The grant deed's covenants reach the seller's own acts and those of persons claiming under the seller. As we read section 1113, a lien or a competing claim that traces only to an earlier owner is outside both. The Department of Real Estate's Reference Book says "Warranty deeds are uncommon in California, no doubt because of the almost universal reliance in this state on title insurance to evidence marketable title."

The 2021 ALTA Owner's Policy insures, subject to its exclusions, Schedule B exceptions and conditions, against loss from "Any defect in or lien or encumbrance on the Title," among other covered risks. That can include problems earlier owners caused, up to the Amount of Insurance. The policy excludes, among other matters, defects or encumbrances "created, suffered, assumed, or agreed to by the Insured Claimant." (We read Florida's posted copy, which has Florida modifications; your policy form may differ.) Our title commitment guide explains how to read the exceptions before closing.

Buying land with a grant deed: what to check before an offer

1. Read the legal description. Section 1092's form conveys the land "bounded (or described)" in the deed. Match it to the survey and the parcel you walked. Our legal description guide covers how to read one.
2. Read every exception and reservation. The implied covenants apply "unless restrained by express terms," so as we read section 1113, words making the deed subject to listed matters can narrow them. California also reads reservations the seller's way: "a reservation in any grant" is "to be interpreted in favor of the grantor" (Civil Code 1069).
3. Look for a mineral reservation. Our mineral rights guide covers how to trace one.
4. Check easements both ways. Easements that benefit the land come with it: "A transfer of real property passes all easements attached thereto" (Civil Code 1104). As we read section 1113, an easement that burdens the land and was granted by an earlier owner is outside the covenants. See our easement guide.
5. Search the title back past the seller. As we read them, neither covenant covers earlier owners' acts. Our chain of title guide covers how to trace them.
6. Record promptly. Section 1214 protects a later good-faith buyer for value who records first.

Quick answers

What is a grant deed in simple terms? A deed that transfers real estate using the word "grant." In California, when the deed passes a fee simple estate and does not say otherwise, that word implies two promises: the grantor has not conveyed the same estate to anyone else, and the estate is free from encumbrances made or suffered by the grantor.

What is the difference between a grant deed and a warranty deed? The reach of the promises. Ohio's general warranty covenants cover all encumbrances and promise to defend the title against all persons. California's grant deed implies two covenants "and none other," both about the seller's own acts.

What is the difference between a grant deed and a quitclaim deed? California's Department of Real Estate says a quitclaim deed has no implied warranties and does not convey after-acquired title. A grant deed carries the two implied covenants described above, and under Civil Code 1106 title acquired later passes when the grantor purported by proper instrument to grant the property in fee simple.

Is a grant deed the same as a deed of trust? No. A grant deed transfers ownership. A deed of trust conveys title to a trustee as security until the borrower repays a loan.

How do I get a copy of my grant deed? Ask the recorder of the county where the property is. Los Angeles County's mail fee for a certified copy is $6 for the first page and $3 for each additional page. Orange County charges $1 per page plus $1 for certification.

What is an interspousal transfer grant deed? A deed between spouses or registered domestic partners. The Sacramento County Public Law Library says the interspousal deed is used "to change real estate to or from community property" and "makes it clear that the transaction is intended to affect community property rights." Get legal advice before signing one.