Transfer of Property Ownership
Deeds and delivery
A valid deed requires a competent grantor, identifiable grantee, words of grant, legal description, signature of the grantor, and delivery with acceptance. A grant deed carries implied warranties that the grantor has not conveyed the property to anyone else and that the property is free of undisclosed encumbrances. A quitclaim deed transfers only whatever interest the grantor holds and carries no warranty. Recording protects against later claimants; California is a race-notice state, favoring a subsequent bona fide purchaser who records first without notice.
The transaction mechanics
Escrow carries out instructions and prorates taxes, rents, and insurance. Documentary transfer tax is $1.10 per $1,000 of consideration in most counties. A deed of reconveyance removes the trustee's lien from title; title insurance (CLTA standard, ALTA extended) protects the insured. Mechanic's liens require preliminary notice and strict deadlines.
Traps
Recording does not validate a forged or undelivered deed. Adverse possession in California requires five years of open, notorious, hostile, exclusive, continuous use plus payment of taxes. Prescriptive easements need five years but no tax payment.
Rule of thumb
Delivery, not recording, transfers title; recording determines priority among competing interests.
Worked example
Grantor hands a signed, notarized grant deed to the grantee, who forgets to record for a month. Title passed on delivery. If the grantor sold and deeded to a second buyer who recorded first without notice, that bona fide purchaser would prevail under race-notice.