Title vs. Deed vs. Tax Sale Title vs. Land Patent

A land patent is a formal grant issued by a sovereign government — typically the United States federal government — conveying title to a specific parcel from the public domain to a private individual. It is the “birth certificate” of a property: it creates title from zero, establishing the first link in the chain of title.

Land patents were the standard instrument for transferring federal land during the 19th and early 20th centuries, issued under programs like the Homestead Act, cash sales at federal land offices, and railroad grants. You rarely encounter an active land patent today as a transaction document — the property has changed hands many times since — but the patent is the historical root that everything else traces back to.

A general warranty deed is the strongest and most protective deed available in a real estate transaction. The grantor (seller) guarantees title against all defects — not just defects that occurred during their ownership, but all defects going back to the beginning of time.

This means that if it turns out someone else has a claim to the property that arose before the grantor even owned it, the grantor is still on the hook. The buyer has recourse against the grantor personally, not just the property.

General warranty deeds are standard in most residential real estate transactions where the seller has clean title and title insurance. If you are buying at a standard sale with a general warranty deed, you are getting the most protection available.

A special warranty deed guarantees title only against defects that occurred during the grantor’s period of ownership. The grantor makes no representations about what happened before they took title.

This deed is common in foreclosure sales and bank-owned property (REO) transactions. When a lender forecloses, it is not in a position to guarantee that the title was clean before it acquired the property — and typically does not want that liability. A special warranty deed shifts the risk to the buyer for pre-foreclosure title problems.

Special warranty deeds are also common in some commercial transactions and estate sales. If you receive a special warranty deed, factor the increased risk into your purchase price and strongly consider title insurance.

A quitclaim deed makes no warranties of any kind. The grantor transfers “whatever interest they have” in the property — which might be full ownership, a partial interest, or nothing at all. The buyer has no recourse if the grantor turns out to have no interest at all.

Quitclaim deeds are common in family transfers (parent to child, divorce settlements), in tax sales, and in some types of estate transfers. They are frequently appropriate in low-risk situations — when everyone involved knows the title is clean and the transfer is a formality.

However, when buying from a stranger, particularly at a discounted price (such as a tax sale), a quitclaim deed is a significant risk signal. It often means the grantor either does not have clean title or does not want to be responsible if problems surface later. A title search and title insurance are essential in quitclaim transactions.

A tax deed is issued by a government entity — typically a county — following a tax sale, where the property was sold because the owner failed to pay property taxes. The tax deed represents that the government has sold the property to satisfy the tax debt.

In many states, tax deeds carry little or no warranty about title quality. The government is not in the business of guaranteeing that the previous owner had clean title — it is simply selling its lien position. The buyer at a tax deed sale often receives only the government’s interest, which may be subject to senior liens, mortgages, or other encumbrances that were not extinguished by the tax sale.

Most states require the buyer to accept the property “as-is.” Some states have redemption periods during which the former owner can reclaim the property by paying back taxes plus interest. Understanding your state’s specific tax deed law is essential before bidding at a tax sale.

A sheriff’s deed is issued following a court-ordered sale — typically in foreclosure proceedings, judgment enforcement actions, or partition proceedings where a court has ordered the sale of jointly owned property.

Like tax deeds, sheriff’s deeds often carry limited or no warranties. The sheriff is acting as an officer of the court executing a judgment, not making representations about the quality of the title being conveyed. The buyer is expected to do their own due diligence before the sale.

Sheriff’s deed sales are usually conducted at the county courthouse steps or online. The process, rules, and redemption periods vary significantly by state and by the type of underlying court case.

A lis pendens is not a deed at all — it is a notice filed in the county land records indicating that a lawsuit affecting the property is pending. It does not itself affect ownership, but it puts anyone who might buy the property on notice that there is an ongoing legal dispute.

If you buy property that has a lis pendens recorded against it, you take title subject to the outcome of that lawsuit. If the court rules against the current owner, your ownership may be affected. This is why title companies flag lis pendens filings during a title search — they represent a potential defect in the chain of title.

Lis pendens filings are common in boundary disputes, quiet title actions, foreclosure proceedings, and divorce asset divisions. They can sometimes be filed improperly or prematurely — a real estate attorney can advise whether a particular lis pendens has merit.