Requirements For A Valid Deed Flashcards

1
Q

Competent grantor

A

For a deed to be valid, the grantor must be of legal age and sound of mind, and clearly named in the body of the deed

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2
Q

Grantee

A

A grantee must be an actual person who is named and identifiable. Grantee’s marital status, residence, and post office address must appear on deeds

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3
Q

Recital of Consideration

A

Recite a nominal consideration or other valuable consideration given for the deed. Could be through money (valuable consideration) or through love/affection (good consideration.

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4
Q

Words of Conveyance

A

Found in the granting clause and shows intent to transfer. Words used usually consist of “convey and warrant”, “grant, bargain, and sell”, or “remise, release, and quitclaim”.

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5
Q

Adequate Description

A

Description clause in a deed must unquestionably describe the real estate involved. An address or tax map key is not sufficient, instead metes and bounds or plat and parcel legal description would be used.

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6
Q

Signature of Grantor

A

Deed must be signed by the grantor, and if any, all the other joint tenants who own the realty in the deed or their separate deeds. If grantor has a wife with dower privileges, the grantor’s wife must also sign the deed to release her ownership as well.

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7
Q

Delivery to Grantee

A

A deed MUST be delivered for it to be valid. Could be delivered actually or constructively (through a 3rd party such as by an attorney here and now or an escrow). Except in land court where property only transfers when deed is registered on the certificate of title

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