Which type of deed is most commonly used in California and contains warranties against prior conveyances and encumbrances?

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The grant deed is the type of deed most commonly used in California for transferring real property. This deed provides certain warranties to the grantee, specifically guarantees that the grantor has not previously conveyed the same property to anyone else and that the property is free from any encumbrances, except for those disclosed in the deed. This makes it a popular choice for buyers, as it gives them assurance about the property's title.

In contrast, a quitclaim deed does not provide any warranties at all; it merely transfers whatever interest the grantor has in the property without guaranteeing that the title is clear. Warranty deeds, while providing extensive assurances about the title, are less commonly utilized in California real estate transactions. A special deed is not a standard term in California real estate law and does not have the same recognized standing as a grant deed or warranty deed.

Therefore, the grant deed's combination of use and the reasonable level of protection it offers to buyers makes it the most common option in real estate transactions within California.

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