Transfer of Property

Transfer of Property

Property ownership is not necessarily permanent. Property can move from one person to another through a transfer.

A homeowner can sell a house. A parent can give land to a child. A person can leave property to a beneficiary in a will. An owner can transfer property into a trust. A co-owner can sell a fractional interest to another person.

The law of property transfer determines when and how ownership changes, what rights the new owner receives, and whether the transfer is legally effective against third parties.

The basic principle is simple:

A transfer of property is a legal act by which an ownership interest or other property interest moves from one person to another.

But the process can become complicated because different types of property are transferred in different ways.

Real estate, personal property, intangible rights, and future interests may all be transferable, but the formal requirements can differ substantially.

Cornell Law School – Wex: Property

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1. What Is a Transfer of Property?

A transfer of property occurs when a person’s legal interest in property is conveyed, assigned, given, sold, inherited, or otherwise moved to another person.

The person transferring the interest is commonly called the transferor.

The person receiving it is commonly called the transferee.

In a sale, the parties may also be called:

• seller and buyer;
• grantor and grantee;
• assignor and assignee.

The terminology depends on the type of property and transaction.

Example

Alice owns a house.

Alice sells the house to Bob.

Alice is the transferor.

Bob is the transferee.

The transaction is a transfer of Alice’s ownership interest to Bob.

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2. What Can Be Transferred?

Not every transfer involves complete ownership.

A person may transfer:

• fee simple ownership;
• a life estate;
• a leasehold interest;
• a tenancy-in-common interest;
• an easement;
• a future interest;
• mineral rights;
• a mortgage interest;
• intellectual property rights;
• contractual rights;
• personal property.

Therefore, the first question in any transfer is:

What legal interest is actually being transferred?

The transferee generally receives the interest that the transferor has the legal power to convey, subject to applicable limitations.

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3. The Basic Principle: You Cannot Transfer More Than You Own

A fundamental property principle is often expressed through the Latin maxim nemo dat quod non habet—roughly, “no one gives what they do not have.”

If Alice owns only a 50% interest in a property, she generally cannot convey Bob’s 50% interest to Carol.

Example

Alice and Bob own land as tenants in common.

Alice owns 60%.

Bob owns 40%.

Alice sells “the entire property” to Carol.

Alice generally cannot transfer Bob’s 40% interest merely because she attempted to describe the transaction that way.

Carol may acquire Alice’s 60% interest, but Bob’s ownership remains unless Bob also participates or some other legal rule applies.

This principle protects existing property rights.

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4. Voluntary and Involuntary Transfers

Property transfers can broadly be divided into voluntary and involuntary transfers.

Voluntary Transfers

These occur because the owner intentionally transfers the property.

Examples include:

• sales;
• gifts;
• deeds;
• assignments;
• transfers to trusts.

Involuntary Transfers

These occur through operation of law or legal process.

Examples include:

• inheritance;
• foreclosure;
• execution of a judgment;
• eminent domain;
• tax sales;
• bankruptcy proceedings.

The legal procedures and consequences differ between the two categories.

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5. Transfers of Real Property

Real property is generally transferred through formal legal instruments, most commonly a deed.

A deed is a written instrument used to convey an interest in real estate.

The deed identifies important information such as:

• the grantor;
• the grantee;
• the property;
• the interest being conveyed;
• the operative language of the conveyance.

The deed must satisfy the applicable state’s legal requirements.

Cornell Law School – Wex: Deed

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6. Grantor and Grantee

In a real-estate conveyance, the person transferring the property is generally called the grantor.

The person receiving it is the grantee.

Example

Alice conveys Blackacre to Bob.

Alice is the grantor.

Bob is the grantee.

The deed is the instrument through which Alice conveys the specified interest to Bob.

This terminology is important when reading deeds, title documents, statutes, and cases.

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7. The Deed Is Not Necessarily “the Title”

People often say:

“I have the title to my house.”

In legal analysis, it is important to distinguish title from the deed.

The deed is the instrument used to transfer an interest.

Title refers more broadly to the legal basis or status of a person’s ownership interest.

The deed may provide evidence of how title was transferred, but the concepts are not identical.

A title examination may require reviewing:

• current deeds;
• earlier deeds;
• mortgages;
• liens;
• easements;
• judgments;
• probate records;
• other recorded instruments.

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8. Types of Deeds

American property law recognizes several types of deeds.

Important categories include:

• general warranty deed;
• special warranty deed;
• quitclaim deed.

The principal difference concerns the warranties or assurances given by the grantor concerning title.

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9. General Warranty Deed

A general warranty deed generally provides the grantee with the strongest traditional warranties of title.

The grantor may make covenants concerning defects in title, including problems arising from earlier periods in the property’s ownership history.

The precise covenants vary by jurisdiction.

The basic idea is:

The grantor provides substantial assurances concerning the quality of the title being conveyed.

This makes a general warranty deed particularly significant in traditional real-estate transactions.

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10. Special Warranty Deed

A special warranty deed generally provides narrower protection.

The grantor typically warrants against title defects arising during the grantor’s own period of ownership rather than guaranteeing against every defect in the property’s historical title.

Example

Alice owns property for ten years and then sells it to Bob using a special warranty deed.

The warranty may protect Bob against certain problems caused by Alice’s ownership, but it may not provide the same protection against defects created by an owner before Alice.

The precise covenants depend on state law and the deed language.

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11. Quitclaim Deed

A quitclaim deed generally conveys whatever interest the grantor has, without providing the same traditional warranties of title associated with warranty deeds.

Example

Alice signs a quitclaim deed conveying Blackacre to Bob.

If Alice has valid title, Bob may receive Alice’s interest.

But if Alice has no ownership interest, the quitclaim deed generally does not create one simply because Alice signed the document.

A quitclaim deed can therefore be useful when the parties want to transfer whatever interest exists without extensive title warranties.

Common situations include:

• resolving title questions;
• transfers between family members;
• correcting ownership records;
• transfers incident to certain reorganizations.

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12. Comparison of Common Deeds

Type of Deed	General Character
General warranty deed	Broad traditional title warranties
Special warranty deed	More limited warranties, generally focused on grantor’s ownership period
Quitclaim deed	Transfers whatever interest the grantor has, generally without title warranties

The legal effect of particular warranty language varies by jurisdiction.

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13. The Statute of Frauds

Transfers of interests in land are generally subject to the Statute of Frauds.

The traditional rule requires certain agreements involving interests in real estate to be evidenced by a writing signed by the party to be charged.

This reflects the importance of certainty in land transactions.

The precise requirements and exceptions vary by jurisdiction.

Why the rule exists

Land is:

• valuable;
• difficult to move;
• often subject to multiple interests;
• frequently transferred across generations.

Written documentation helps establish what the parties intended.

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14. Delivery of a Deed

A deed generally must be delivered to become effective as a conveyance.

Delivery does not necessarily mean physically handing the document to the grantee.

The central issue is generally whether the grantor intended the deed to operate as a present transfer of the property interest.

Example

Alice signs a deed conveying property to Bob but tells Bob:

“This should become effective only after I die.”

The legal consequences may be different from an immediately effective conveyance, particularly if Alice is attempting to accomplish what should instead be done through a will or another estate-planning instrument.

Intent is therefore critical.

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15. Acceptance

The grantee generally must accept the conveyance.

Acceptance is often straightforward and may be presumed under appropriate circumstances, particularly when the transfer is beneficial to the grantee.

The law generally does not require elaborate formalities for acceptance in every ordinary transaction.

But where acceptance is disputed, the circumstances surrounding the transaction become important.

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16. Recording the Transfer

After a real-estate transaction, the deed is typically recorded in the appropriate public land records.

Recording serves several purposes.

It:

• creates a public record;
• provides notice of ownership;
• helps establish priority between competing claims;
• facilitates title searches;
• protects purchasers under applicable recording statutes.

Recording is therefore an important part of modern real-estate practice.

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17. Recording Does Not Always Determine Validity Between the Parties

A common misconception is:

“If a deed is not recorded, it does not exist.”

That is too broad.

The legal effect of an unrecorded deed depends on the applicable law.

An unrecorded deed may be valid between the original parties but vulnerable to later purchasers or creditors under a jurisdiction’s recording statute.

This distinction is extremely important.

The law often separates:

Validity between the parties

from

Priority against third parties.

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18. Recording Acts

States use recording statutes to determine the priority of competing claims to real property.

Traditional categories include:

• race statutes;
• notice statutes;
• race-notice statutes.

The terminology describes how priority is determined between competing claimants.

Race Statute

Priority may depend largely on who records first.

Notice Statute

A later purchaser may receive protection if they acquired the property without notice of the earlier unrecorded interest.

Race-Notice Statute

The purchaser generally must both:

• acquire without the required notice; and
• record first.

The exact rules vary by state.

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19. Bona Fide Purchasers

A bona fide purchaser (BFP) is generally a purchaser who acquires property for value and without the legally relevant notice of another person’s competing interest.

BFP status can be extremely important in disputes involving unrecorded interests.

Example

Alice conveys land to Bob but Bob does not record the deed.

Alice later conveys the same land to Carol.

Carol purchases for value and qualifies as a protected bona fide purchaser under the applicable recording statute.

Carol may have priority over Bob.

The result depends on the state’s recording law and the specific facts.

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20. Types of Notice

Notice can arise in several forms.

Actual Notice

The person actually knows about the competing interest.

Record Notice

The public records contain information that legally charges the purchaser with notice.

Inquiry Notice

Circumstances are sufficient to require a reasonable purchaser to investigate further.

For example, if someone other than the seller is visibly occupying the property, the purchaser may have a duty to investigate that person’s possible interest.

Notice doctrine is therefore closely connected to due diligence in real-estate transactions.

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21. Transfer by Gift

Not every transfer involves a sale.

Property can also be transferred as a gift.

A valid inter vivos gift traditionally requires:

1. intent to make a present gift;
2. delivery;
3. acceptance.

The exact requirements vary depending on the type of property and jurisdiction.

Example

A parent gives a valuable piece of personal property to a child.

The parent must generally intend to make a present transfer rather than merely promise to give it in the future.

The law distinguishes a completed gift from an unenforceable promise of a future gift.

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22. Real Property Gifts

Gifts of real estate generally require greater formality than many gifts of personal property.

A transfer of land ordinarily requires an appropriate written instrument, such as a deed, satisfying applicable legal requirements.

The donor must also have the required intent and complete the transfer properly.

A casual statement such as:

“I want you to have my house someday”

does not necessarily constitute an immediate transfer of ownership.

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23. Transfer by Will

Property can also pass at death through a will.

A will identifies how the person’s property should be distributed after death, subject to:

• probate law;
• statutory restrictions;
• existing ownership rights;
• survivorship arrangements;
• trusts;
• creditor claims.

A will therefore represents a form of testamentary transfer.

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24. Intestate Transfers

If a person dies without a valid will, property may pass under intestacy laws.

The state’s intestacy statute determines which relatives inherit and in what proportions.

For example, property may pass to:

• a surviving spouse;
• children;
• parents;
• siblings;
• more remote relatives.

The exact hierarchy depends on state law.

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25. Survivorship Transfers

Not all property passes through probate.

Property held with a valid right of survivorship may pass automatically to the surviving owner.

This can occur with:

• joint tenancy;
• tenancy by the entirety;
• certain jointly owned accounts.

Example

Alice and Bob own property as joint tenants with right of survivorship.

Alice dies.

Bob generally becomes the sole owner automatically.

This differs from tenancy in common, where Alice’s interest would generally pass through her estate.

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26. Transfer Through a Trust

Property can also be transferred into a trust.

The owner transfers legal title to a trustee to hold and manage property for beneficiaries according to the trust terms.

Trusts can be used for:

• estate planning;
• management during incapacity;
• succession planning;
• protection of beneficiaries;
• controlled distributions.

The transfer of property into a trust must satisfy applicable formalities for the property involved.

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27. Transfer of Personal Property

Personal property can generally be transferred through methods different from those used for land.

Examples include:

• delivery;
• sale;
• gift;
• assignment;
• endorsement;
• registration;
• electronic transfer.

The legal requirements depend on the type of personal property.

A physical chair, a negotiable instrument, a patent, and a security interest are all “property,” but they are not transferred through identical procedures.

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28. Sale of Goods

Many transactions involving tangible personal property are governed by the Uniform Commercial Code (UCC), particularly Article 2 concerning sales of goods.

Examples include:

• cars;
• furniture;
• equipment;
• inventory;
• consumer products.

The rules governing sales of goods can differ significantly from the rules governing real-estate conveyances.

This is another reason why identifying the type of property is the first step in transfer analysis.

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29. Transfer of Intangible Property

Intangible property creates additional complexity because there may be no physical object to deliver.

Examples include:

• debts;
• contractual rights;
• stocks;
• patents;
• copyrights;
• trademarks;
• licenses;
• certain digital assets.

These interests may be transferred through:

• assignment;
• licensing;
• registration;
• endorsement;
• contractual mechanisms;
• statutory procedures.

The law governing the particular intangible interest determines what is required.

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30. Assignment

An assignment generally transfers a contractual or other intangible right from one person to another.

For example:

Alice has the right to receive $10,000 from Bob under a contract.

Alice assigns that right to Carol.

Carol may become entitled to receive the payment.

The assignment of a right is different from the delegation of a contractual duty.

This distinction is particularly important in contract and commercial law.

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31. Transfer of a Leasehold Interest

A tenant may sometimes transfer their leasehold interest through an assignment or sublease.

These are not identical.

Assignment

The tenant generally transfers the entire remaining leasehold interest to another person.

Sublease

The tenant transfers less than the entire remaining term and retains a reversionary interest in the lease.

The lease itself may restrict assignment or subletting, and applicable landlord-tenant law must also be considered.

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32. Transfer of Co-Owned Property

A co-owner generally cannot transfer the interests of other co-owners.

Suppose Alice and Bob own land as tenants in common.

Alice owns 70%.

Bob owns 30%.

Alice can generally transfer her 70% interest.

She cannot ordinarily transfer Bob’s 30%.

The buyer of Alice’s interest generally becomes a co-owner with Bob.

This illustrates again why the precise interest being transferred matters.

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33. Transfer of a Life Estate

A life tenant generally can transfer their life-estate interest.

But the transferee generally receives no greater estate than the transferor possesses.

Example

Alice holds a life estate measured by Alice’s own life.

Alice transfers her life estate to Bob.

Bob can possess and use the property according to the terms of the life estate.

But Bob’s interest generally ends when Alice dies.

Alice could not transfer a fee simple absolute because she did not own one.

This is another application of the principle that a transferor generally cannot convey a greater interest than they possess.

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34. Transfer of Future Interests

Future interests can also be transferable in many circumstances.

Examples include:

• remainders;
• reversions;
• executory interests.

However, the transferability of a particular future interest can depend on:

• the nature of the interest;
• applicable statutes;
• restrictions in the instrument;
• the Rule Against Perpetuities;
• restraints on alienation.

The fact that an interest is not currently possessory does not necessarily mean it cannot be transferred.

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35. Restrictions on Transfer

Property owners do not always have unlimited freedom to transfer property.

Restrictions can arise from:

• statutes;
• court orders;
• contractual agreements;
• easements;
• restrictive covenants;
• mortgages;
• leases;
• trusts;
• the nature of the ownership interest.

The law generally values alienability, but certain restrictions are permitted.

The question is therefore not simply:

“Can the owner transfer the property?”

It is:

“What interest can be transferred, to whom, under what conditions, and with what legal consequences?”

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36. Restraints on Alienation

A restraint on alienation attempts to limit a person’s ability to transfer property.

Property law generally disfavors unreasonable restraints because free transferability promotes:

• marketability;
• efficient use;
• economic productivity;
• stable title.

But some restrictions can be valid.

The validity of a particular restraint depends on factors including:

• its duration;
• its purpose;
• the type of property;
• the nature of the restriction;
• applicable law.

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37. Mortgages and Transfer

A mortgage can complicate a property transfer.

A property may be legally transferred while remaining subject to an existing mortgage.

The buyer therefore does not necessarily receive property free of existing encumbrances.

Mortgage documents may also contain due-on-sale clauses, which can affect what happens when the property is transferred.

The parties must therefore examine the existing financing before completing a conveyance.

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38. Easements and Other Encumbrances

A transfer of ownership does not necessarily eliminate existing property interests.

Suppose Alice owns land subject to an easement benefiting Bob.

Alice sells the land to Carol.

The easement may continue to burden the property even though ownership changes.

Similarly, a transfer may remain subject to:

• restrictive covenants;
• liens;
• leases;
• mortgages;
• rights of way;
• other recorded interests.

Thus:

Transfer of ownership does not necessarily mean transfer of unencumbered ownership.

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39. Fraudulent Transfers

Property transfers can also be challenged when they are designed to improperly defeat creditors.

A transfer may be considered fraudulent or voidable under applicable law when a debtor transfers assets to:

• conceal them;
• place them beyond creditors’ reach;
• hinder collection;
• avoid legitimate obligations.

The precise terminology and remedies depend on the governing law.

A transfer made shortly before a creditor obtains a judgment may therefore require careful scrutiny.

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40. Transfer by Court Order

Property may also be transferred through judicial proceedings.

Examples include:

• foreclosure;
• partition;
• divorce;
• probate;
• bankruptcy;
• execution of judgments.

In these circumstances, the owner may not be voluntarily transferring the property.

The legal system itself provides the mechanism through which ownership changes.

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41. Foreclosure

A mortgage foreclosure can ultimately result in the transfer of property from a defaulting borrower to another owner.

The process generally involves:

1. a secured debt;
2. default;
3. enforcement of the security interest;
4. foreclosure proceedings;
5. sale or other disposition;
6. transfer to the successful purchaser.

Foreclosure law is highly jurisdiction-specific.

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42. Eminent Domain

Government can also acquire private property through eminent domain, subject to constitutional and statutory requirements.

The Fifth Amendment provides, in relevant part, that private property shall not be taken for public use without just compensation.

Thus, a government acquisition is another example of a property transfer that may occur without the owner’s voluntary agreement.

The constitutional rules governing takings are distinct from ordinary private conveyances.

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43. Tax Sales

Failure to pay property taxes can result in legal procedures leading to the sale or transfer of property.

The government may enforce tax liens through procedures established by state law.

Because tax-sale procedures can affect title, purchasers and property owners must pay careful attention to:

• notice;
• redemption rights;
• statutory procedures;
• liens;
• title consequences.

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44. Transfer and Title Examination

Before purchasing real estate, a prudent buyer generally wants to know:

Does the seller actually have good title to transfer?

A title examination may investigate the property’s history and identify:

• prior deeds;
• mortgages;
• liens;
• easements;
• judgments;
• tax claims;
• restrictions;
• probate issues;
• competing ownership claims.

The goal is to determine whether the seller can convey the expected interest and whether the property is subject to existing claims.

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45. Title Insurance

Real-estate transactions frequently involve title insurance.

Title insurance is designed to protect against certain covered losses arising from title defects or other covered risks.

It does not mean that title is guaranteed to be perfect.

Rather, it provides contractual protection against specified risks according to the policy’s terms.

Title insurance therefore complements, but does not replace, careful title examination.

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46. The Chain of Title

The chain of title is the historical sequence of ownership transfers associated with a property.

For example:

Alice → Bob → Carol → David

Each transfer should connect logically to the next.

Problems can arise when there is a gap in the chain.

For example:

Alice → Bob → ??? → David

The missing link may raise questions about how David obtained valid title.

Title professionals therefore examine historical records to establish the chain of title.

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47. A Practical Example

Consider this transaction:

Alice owns a house.

She agrees to sell it to Bob.

Step 1: Agreement

Alice and Bob enter into a purchase agreement.

Step 2: Due Diligence

Bob investigates title, liens, easements, taxes, and other issues.

Step 3: Deed

Alice executes an appropriate deed conveying the property to Bob.

Step 4: Delivery

The deed is delivered in accordance with applicable law.

Step 5: Closing

The purchase price is paid and the transaction is completed.

Step 6: Recording

The deed is recorded in the appropriate public records.

Step 7: New Ownership

Bob becomes the owner of the interest conveyed by Alice, subject to existing encumbrances and applicable law.

The transaction therefore involves more than simply signing a document.

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48. Lawyer’s Checklist for a Property Transfer

A lawyer analyzing a proposed transfer should ask:

1. What property is being transferred?

Real, personal, tangible, or intangible?

2. What interest is being transferred?

Fee simple, life estate, leasehold, fractional interest, easement, or another right?

3. Who owns the interest?

Does the transferor actually have authority to transfer it?

4. Is the transfer voluntary?

Sale, gift, assignment, inheritance, foreclosure, or another mechanism?

5. What formalities apply?

Is a deed, writing, signature, delivery, registration, or other procedure required?

6. Has the transfer been properly completed?

Consider execution, delivery, acceptance, and other requirements.

7. Has it been recorded or registered?

If so, when?

8. Are there competing claims?

Check liens, mortgages, easements, leases, judgments, and prior transfers.

9. Are there restrictions?

Check contracts, covenants, statutes, trust documents, and ownership restrictions.

10. What happens after the transfer?

Determine exactly what rights and obligations the transferee receives.

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49. Common Mistakes

Mistake 1: Thinking a Signature Alone Transfers Real Estate

A signed document may not be sufficient. Delivery and other requirements may matter.

Mistake 2: Confusing a Deed with Title

The deed is a conveyancing instrument; title is the underlying legal status or interest.

Mistake 3: Assuming an Unrecorded Deed Is Automatically Void

Recording rules primarily address issues such as notice and priority, although state law differs.

Mistake 4: Assuming Every Co-Owner Can Sell the Entire Property

A co-owner generally cannot transfer another owner’s interest.

Mistake 5: Assuming a Quitclaim Deed Guarantees Good Title

A quitclaim deed generally provides little or no warranty of title.

Mistake 6: Ignoring Existing Encumbrances

A transfer may remain subject to mortgages, easements, liens, leases, and covenants.

Mistake 7: Assuming Every Property Interest Is Transferred the Same Way

Real estate, goods, contractual rights, and intellectual property have different transfer mechanisms.

Mistake 8: Ignoring Recording Laws

A transaction may have different consequences against later purchasers or creditors depending on recording.

Mistake 9: Assuming Ownership Can Always Be Freely Transferred

Restrictions on alienation, contracts, mortgages, trusts, and statutes can limit transferability.

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50. Key Takeaways

• A transfer of property moves an ownership interest or other property right from one person to another.
• The person transferring the interest is the transferor; the recipient is the transferee.
• A transfer can be voluntary or involuntary.
• Real estate is commonly transferred through a deed.
• The deed is not identical to title.
• Different deeds provide different levels of title warranty.
• Transfers of land generally require compliance with applicable writing and other formalities.
• Delivery and intent can be essential to the effectiveness of a deed.
• Recording helps establish public notice and priority but does not always determine validity between the original parties.
• Recording statutes can protect certain later purchasers.
• Property can also be transferred by gift, will, inheritance, trust, assignment, foreclosure, partition, and other legal mechanisms.
• A transferor generally cannot convey a greater interest than the transferor owns.
• Existing easements, mortgages, liens, leases, and other encumbrances may survive a transfer.
• Co-owners generally can transfer their own interests but not those of other co-owners.
• Different categories of property require different transfer rules.
• The validity and priority of a transfer depend heavily on the law of the jurisdiction involved.

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51. Frequently Asked Questions

What is a transfer of property?

It is the legal movement of an ownership interest or other property right from one person to another.

What document transfers real estate?

Real estate is commonly transferred through a deed that satisfies the applicable legal requirements.

Is a deed the same as title?

No. A deed is a legal instrument used to convey an interest. Title refers more broadly to the legal ownership status or interest.

Does signing a deed transfer property?

Not necessarily. Requirements such as delivery, intent, acceptance, and applicable statutory formalities may also matter.

Does an unrecorded deed transfer property?

It may be effective between the parties but may have different consequences against later purchasers or creditors. State recording law controls.

What is a quitclaim deed?

A quitclaim deed generally transfers whatever interest the grantor possesses without the broad title warranties associated with a general warranty deed.

Can a co-owner sell their share?

Generally yes, subject to applicable law and any valid restrictions. The co-owner generally cannot sell another owner’s interest.

Can property be transferred without being sold?

Yes. Property can be transferred through gifts, wills, trusts, inheritance, assignments, and various legal proceedings.

What happens to a mortgage when property is sold?

The mortgage may remain an encumbrance on the property, and the mortgage documents may contain provisions affecting the transfer.

Can property be transferred to a trust?

Yes. Property can generally be conveyed to a trustee to be held according to the terms of a valid trust.

Can future interests be transferred?

Many future interests are transferable, although restrictions may apply depending on the nature of the interest and applicable law.

Can a transfer be challenged?

Yes. Transfers may be challenged for reasons such as fraud, lack of authority, failure to satisfy legal formalities, competing prior interests, or other defects.

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Conclusion

The transfer of property is the mechanism through which ownership and other property rights move from one person to another.

At first glance, a transfer may appear simple: one person gives or sells property to another. In legal terms, however, the transaction can involve a chain of questions concerning ownership, authority, formalities, delivery, recording, notice, warranties, encumbrances, and competing claims.

The first question is always:

What interest is being transferred?

Once that is established, the lawyer can determine:

• who has the power to transfer it;
• what instrument or procedure is required;
• whether the transfer has been completed;
• whether it has been recorded;
• what existing interests survive the transfer;
• and what rights the transferee actually receives.

The law also distinguishes between voluntary transfers—such as sales and gifts—and transfers that occur through operation of law, such as inheritance, foreclosure, partition, and eminent domain.

Ultimately, property transfer is about more than changing a name on a document. It is about changing the legal relationship between people and property.

A successful transfer therefore requires both a valid conveyance and a clear understanding of exactly what legal interest has moved from transferor to transferee.

Further reading: Cornell Law School – Wex: Property