Most of the paperwork in a land sale is generated by the title company — not by you. But you need to know what exists, what your role is, and what to keep after closing. Sellers who don't understand the documents get surprised, slow things down, or make mistakes that cloud title.
This guide walks every document in a standard land transaction in plain terms.
This is general information, not legal advice. A licensed real estate attorney or title officer is the right person to answer document-specific questions on your transaction.
Documents You Need to Locate (As the Seller)
Before you get to contracts and closings, gather these.
Your Deed
The deed is the document that established your ownership when you acquired the property. You'll need it to confirm: - The exact legal description of the parcel (this goes verbatim onto the new deed) - Your name as it appears on the record (the new deed must match exactly) - Whether there are any conditions or restrictions from when you took title
If you don't have a physical copy, you can get it from the county recorder's office — most counties have online portals. Search by your name or the APN (parcel number). There's usually a small per-page fee.
Your APN (Assessor Parcel Number)
This is the identifier the county uses for your parcel. It's on your deed, your tax bills, and the county assessor website. You'll need it for every document in the transaction.
Property Tax Records
Pull a current tax receipt or the county treasurer's record to confirm taxes are current. Buyers and title companies check this. Delinquent taxes need to be paid at closing — knowing the amount in advance prevents surprises.
Any Survey, Plat, or Boundary Documents
If you have a recorded survey, plat map, or boundary description, locate it. It helps the title company and speeds things along. For rural acreage, a current survey may be required by the buyer or title company.
HOA or CC&R Documents
If your land is inside a homeowners association or subject to covenants, conditions, and restrictions, gather those documents. Buyers have a right to review them before closing.
The Transaction Documents (Generated by Each Party)
Purchase and Sale Agreement (The Contract)
This is the binding agreement between you and the buyer. It covers: - Parties (buyer and seller names, exactly as they'll appear on the deed) - Legal description of the property - Purchase price - Earnest money amount and how it's held - Closing date - Contingencies (due diligence period, survey, title review) - Who pays which closing costs - What happens on default - AS-IS provisions or any representations
On FSBO deals, you negotiate and sign this directly with the buyer. An attorney or standard state-form contract is advisable. On Sell My Land US transactions, we provide a clean purchase agreement with fair, straightforward terms.
Earnest Money Escrow
Once a contract is signed, the buyer typically delivers earnest money — a good-faith deposit held by a neutral third party (usually the title company or a real estate attorney, not either party to the deal). This is held until closing and applied to the purchase price.
Documents the Title Company Generates
Once you open a title order, the title company handles most of the document preparation. Here's what they produce.
Title Commitment (Preliminary Report)
The title company researches your parcel's ownership history and issues a title commitment — essentially a promise to issue title insurance once certain conditions are met. The commitment lists:
- Current owner of record
- Legal description
- Easements, rights-of-way, and restrictions that will remain after closing
- Requirements to clear title (paying off liens, resolving issues in the chain, etc.)
Review this carefully. Any item in the requirements section is something that must be resolved before closing. Your real estate attorney or the title officer can explain each item.
Deed (New Deed Transferring Title to Buyer)
The title company (or closing attorney) prepares the new deed based on your contract terms and the existing legal description. Common deed types:
Warranty Deed (General or Special): You warrant that you own the land free and clear and promise to defend the buyer against prior claims. General warranty covers all time; special warranty covers only claims arising during your ownership. Standard for arm's-length sales.
Grant Deed: Common in California and a few Western states. Similar to a warranty deed — implies you have title and haven't conveyed it to anyone else.
Quit Claim Deed: Transfers whatever interest you have with no warranties. Used for family transfers, adding/removing a spouse, or moving property into an LLC. NOT appropriate for a sale to an unrelated buyer who expects clean title.
Bargain and Sale Deed: Used in some states, conveys title without a guarantee against prior defects but implies current ownership.
For a standard land sale, a warranty deed is the default. The buyer's closing instructions will specify which type.
You sign the deed (before a notary in most states), the title company holds it until funds are confirmed, then records it with the county.
Settlement Statement (ALTA Settlement Statement)
This is the closing document that shows every dollar in and out of the transaction. As a seller, your settlement statement shows:
- Gross sale price
- Credits and debits for each party
- Deductions from your side: agent commission, title fees, transfer taxes, lien payoffs, tax prorations
- Net proceeds owed to you
Review this line by line before closing. Any line you don't recognize should be explained before you sign.
Title Insurance Policy
After recording, the title company issues the buyer (and lender, if there is one) a title insurance policy that protects against claims arising from pre-closing defects. The policy is based on the purchase price.
As the seller, you typically don't get a copy of the buyer's policy, but you benefit from the process — the title search protects you from unknowingly conveying land with a defect.
Documents Generated After Closing
IRS Form 1099-S (Proceeds from Real Estate Transactions)
The title company or closing attorney is required to file Form 1099-S with the IRS and send you a copy when the gross proceeds exceed $600. It shows the gross sale price.
This is reported to the IRS — they know about the sale. You then report the sale on Schedule D and Form 8949 on your federal tax return, showing your basis and computing the gain or loss.
Keep your 1099-S, along with your settlement statement and original purchase closing documents (which show your basis), for your tax records. Consult a CPA for the tax treatment of your specific sale.
Recorded Deed
After the county recorder processes the new deed, you can pull a copy to confirm the transfer is reflected in public record. This usually happens within 1–5 business days of closing.
The Seller Checklist
Before your closing appointment (or remote signing):
- [ ] Confirm your legal name matches exactly what's on the existing deed
- [ ] Have valid government-issued photo ID (required for notarization)
- [ ] Review the title commitment and understand all requirements
- [ ] Review the settlement statement and confirm net proceeds match your expectations
- [ ] Confirm wire instructions for your proceeds (verify with the title company — never send or accept wiring instructions via email without verbal confirmation, as wire fraud is common in real estate)
- [ ] Know how to reach your CPA after closing to handle the 1099-S reporting
How Paperwork Works When You Sell to Us
We handle the document coordination. You sign the purchase agreement with us, we open title with a reputable company in your state, and they drive the process from there. You'll sign the deed and settlement statement at closing — in person or via remote notarization depending on your state and preference.
We pay all closing costs and cover the title company's fees. See how the full process works.
Ready to start? Request a cash offer on your land — we respond in 24 hours.
Frequently Asked Questions
Do I need a lawyer to sell land? In most states, you are not legally required to hire an attorney. In "attorney closing states" (mostly on the East Coast and in the South), a real estate attorney must conduct the closing. Even in title-company states, having an attorney review the contract is worth the cost, especially for complex transactions.
What if I can't find my original deed? Get a copy from the county recorder's office — most have online search tools. If the office doesn't have digital records, you can request a certified copy in person or by mail for a nominal fee. You cannot close without the legal description that's on that deed.
Can I sign closing documents remotely? In most states, yes. Remote online notarization (RON) is now available in 40+ states. Many title companies offer mail-away closings for land deals, where you sign before a local notary and mail the documents back. Confirm with your title company what's available in your state.
What happens to the deed after closing? The title company sends it to the county recorder, who records it in the public land records and returns the original to the buyer. You don't keep the deed — the buyer keeps the recorded original as evidence of their ownership.
What's the difference between a title commitment and title insurance? The commitment is issued before closing — it's a conditional promise to insure. The actual insurance policy is issued after recording. The commitment is what you review and negotiate before signing off on. The policy is what the buyer holds forever.