§5.3 - Forms of Deeds

• Jurisdiction: Washington

§5.3 FORMS OF DEEDS

Only three types of deeds are defined under the Washington conveyancing statute. They are the warranty deed, bargain and sale deed, and quitclaim deed. Other forms of deed, such as a special warranty deed, are permitted, however, and are often used.

(1) In general

Unless the grant is limited in the instrument, any permissible deed form will transfer the grantor's entire fee simple estate to the grantee. Unless the limitation is express and clear, Washington courts will generally construe a grant as fee simple absolute. King County v. Hanson Inv. Co., 34 Wn.2d 112, 208 P.2d 113 (1949). Also, at common law, the use of technical words of inheritance, like the word "heirs," was necessary to transfer an estate in fee. This has now been abolished by statute. RCW 64.04.060. Finally, every conveyance by either a warranty deed or bargain and sale deed automatically transfers after-acquired title. RCW 64.04.070. If the intent is clearly expressed in the instrument, a quitclaim deed will also transfer any title acquired in the land after the grant.

(2) Warranty deed (RCW 64.04.030)

A warranty deed is the customary form of deed used in Washington. Commonly called a "statutory...