Property Ownership, Transfer of Title and Land Use 11.1

Question 1

What is Deed?

Answer 1

A deed is a written instrument that conveys title or interest in real estate.

Question 2

What are the requirements for a valid deed: 1

Answer 2

A grantor, who has legal capacity to sign the deed, of legal age and of sound mind.

A grantee named to be readily identified.

A statement of consideration per state law requirements.

A Granting clause: the words of conveyance.

Question 3

What are the requirements for a valid deed: 2

Answer 3

A Habendum clause: a clause that defines the ownership taken by the grantee.

An accurate legal description of the property being conveyed.

Any exceptions or reservations to the title

Example: Easements, deed restrictions, or restrictive covenants.

Question 4

What are the requirements for a valid deed: 3

Answer 4

The signature of the grantor, sometimes with a seal or before a notary public or other officer of the court.

Acknowledgment that the signature is genuine and a free and voluntary act (consult state laws for requirements).

Example: Notarization, usually required for recordation.

The delivery of the deed to and its acceptance by the grantee.