Virginia Grant Deed

Notice: This Grant Deed is a legally valid conveyance instrument under your state's law. In some areas, local practice more commonly uses a "Warranty Deed" label for similar transfers. Either form effectively conveys title. Confirm with your title company or recorder if a particular format is preferred for filing.
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What Is a Virginia Grant Deed?

A Virginia grant deed is a legal document used to transfer real estate from a grantor to a grantee. Unlike a general warranty deed, it provides a limited warranty of title. The grantor guarantees that they have not sold the property to anyone else and that the property is free of encumbrances made during their period of ownership. It does not guarantee against title defects that existed before the grantor owned the property.

When to Use a Grant Deed in Virginia

Grant deeds are used when the grantor is willing to provide some title guarantees, but does not want to be held liable for issues that predated their ownership. Common uses in Virginia include:

  • Commercial real estate sales or foreclosures where the seller only warrants their specific period of ownership.
  • Transfers from an estate or trust where the executor or trustee cannot reasonably guarantee the property's entire title history.
  • Transactions where the buyer relies on title insurance for comprehensive coverage rather than the seller's unlimited guarantee.

Virginia Requirements for Grant Deeds

  • Signing: The grantor must sign the deed.
  • Notarization: The grantor's signature must be acknowledged before a notary public.
  • Witnesses: Virginia requires 1 witness to sign the deed.
  • Recording: Record the deed at the Circuit Court Clerk in the county where the property sits.
  • Transfer Tax / Recording Fees: Virginia imposes a state grantor's tax of $0.25 per $100 (and an additional $0.15 per $100 in some areas), usually paid by the seller. Recording fees also apply.
  • Legal Description: A formal legal description must be included.

Grant Deed vs Quitclaim Deed in Virginia

A grant deed provides the grantee with limited legal guarantees regarding the title (specifically for the grantor's time of ownership) and holds the grantor liable for title issues they caused. A quitclaim deed, however, offers no warranties; it simply transfers whatever interest the grantor has at that moment. Grant deeds offer moderate protection, while quitclaim deeds are typically used for zero-risk family transfers.

Frequently Asked Questions

Does a grant deed prove I own the property in Virginia?

Yes, a recorded grant deed is a standard legal proof of ownership. It shows that the property was transferred to you with limited guarantees of title.

Do I need title insurance if I have a grant deed?

Yes, it is highly recommended. Because the grant deed only covers the period the previous owner held the property, title insurance protects you from historical claims, liens, or boundary issues.

Where do I record a Virginia grant deed?

Deeds are recorded at the local Circuit Court Clerk for the jurisdiction where the property is located.

Who pays the transfer tax on a grant deed in Virginia?

The transfer tax is generally a state grantor's tax of $0.25 per $100. The responsibility for paying this tax is typically negotiated, though local custom often dictates the seller pays.

Can I draft a grant deed myself?

While possible, it is not recommended for standard sales. Title companies or attorneys usually prepare these deeds to ensure accuracy and title insurance eligibility.