Are deeds available to the public? How does a property deed look? Where are deeds filed and recorded? Are deed restrictions legal or permanent? Can deeds be changed? Which deed provides the least and greatest protection? What happens if the deed is not recorded? Why would a deed be rejected?

What are Deeds?

First, it is important to understand that many legal documents are required and are essential when purchasing or selling a property. One of the legal documents required is a deed. The deed includes the previous and current owner’s names. It is a signed legal document granting its holder ownership after selling the property, which is why it must be recorded. It can be changed only if it includes information from the older deed.

Restrictions on deed are legal and limit how you can use your property. It is important to know what restrictions are put on the property. Warranty deed provides the greatest protection to the buyer of the property and quit claim deed provides the least amount of protection.

To see what a deed looks like in the state of Illinois, click below:

https://eforms.com/download/2016/06/Illinois-General-Warranty-Deed-Form.pdf

What are the requirements in Illinois to process a deed?

Next, Illinois requires certain prerequisites for a deed.

A deed can be rejected if it does not follow these requirements below:

• In writing
• Includes grantor and grantee.
• Both must sign
• Age 18 or older
• Recorded with the county

What are the requirements for a deed to be recorded? 

After you have met the prerequisites, you must still meet the county and state’s recording requirements. A deed must be recorded and filed with the county of the property. If a deed is not recorded, it does not show proof of property ownership. It can lead to issues in the future when trying to sell the property.

For a deed to be recorded or registered, it must comply with the requirements in Illinois:

• Name printed and signed
• Address
• 14-digit Property Index number      

How can an owner’s interest be reflected on title through a deed?          

Finally, in Illinois, there are a few different ways that owners can take title to a property, by reflecting their interests on the deed:

1. Joint tenant is when two different individuals take ownership of the property. It creates survivorship among the two tenants. Survivorship means if one of the tenants dies, the ownership passes equally to the tenant still alive. If both tenants are no longer alive, the deed is given to the estate of the individual last to die.
2. Tenants in common have a share of the property and property can be transferred at any time. If one of the tenants passes away, it is passed to the deceased tenant’s estate. If the tenant does not have an estate, it will be passed to the intestate succession.
3. Tenants by entirely is when the two individuals are married and have full equal access to the property. If one of them passes away, it passes to the other individual in the marriage. It will pass to their estate if both are no longer alive.

To find out more information about your deed, your title, or any questions you may have about either call us today at 312-216-5174 or e-mail us at hello@burhanuddinlaw.com