When you build a new home on your property, it’s natural to wonder about the necessary legal steps, particularly concerning your property’s deed.
For example, say you purchased a vacant lot in 2017 and, after a few years, decided to build a single-family home on it. Now that construction is complete, you might be wondering: Will I receive a new deed for my property?
Understanding Property Deeds in Florida
In Florida, a deed is a legal document that transfers ownership of real property from one party to another. When you purchased your vacant lot, you received a deed—likely a Warranty Deed or Quitclaim Deed—that was recorded with the county, establishing your ownership of the land. This deed pertains to the land itself, not the structures on it.
Impact of New Construction on Your Deed
Constructing a new home on your existing property does not require obtaining a new deed. Your original deed remains valid, as it reflects your ownership of the land. The addition of a structure, such as a single-family home, is considered an improvement on the property and does not alter the existing deed.
Recording Requirements in Florida
While a new deed isn’t necessary after building on your property, it’s important to be aware of Florida’s recording requirements for any future transactions involving your property.
As of January 1, 2024, Florida law mandates that any instrument conveying an interest in real property must include:
- Witness Addresses – In addition to legal names, the post-office addresses of each witness must also be added and legibly printed, typewritten, or stamped immediately beneath their signatures.
These requirements are outlined in Florida Statutes § 695.26.
When Is a New Deed Necessary?
A new deed is required in situations where there’s a change in property ownership or title status, such as:
- Transferring Ownership – Selling or gifting the property to another party.
- Adding or Removing a Co-owner – Changing the individuals listed on the property’s title.
- Estate Planning – Transferring the property into a trust or business entity.
In these cases, the new deed must comply with Florida’s recording requirements to be legally valid.
Ensuring Compliance with Florida Law
To ensure all legal requirements are met, it’s advisable to consult with a qualified real estate attorney when preparing or recording any new deeds.
At Hyperion Title, we specialize in guiding property owners through the complexities of real estate transactions in Florida. Our team is here to assist you with any questions or concerns regarding your property’s deed and to ensure compliance with Florida law.
Contact us today to learn more about our services and how we can help you navigate your real estate needs.