Requirements of a Valid Deed

General Warranty Deed:

(best protection). guarantees and protects against defects.it offers the buyer the best protection. warrants title to the sovereignty o the soil. most common deed and the one mentioned in the sales contract.

Deeds often contain covenants and warranties to the buyer. The FIVE most common are:

- the covenant of seizin - the covenant of quiet enjoyment - the covenant of further assurance - the covenant against encumbrances - the covenant of warranty forever

A buyer who wishes to ensure that the seller is conveying good title should request a:

General Warrant Deed

Quitclaim Deed:

a deed that gives NO warranties or guarantees and offers the least protection. I

Bargain and Sale Deed:

a deed with only one covenant. it doesn't provide any warranties about the condition of the title, but only promises the grantor has the right to convey title.

Words of Conveyance- the granting clause:

a written statement that indicates transfer of some interest in real property from one person to another.

the grantor must be:

competant

Special Warranty Deed:

guarantees title only again defects arising under the grantor's period of ownership. defects existing before that time are not covered.

Consideration:

legal consideration can be "good" or "valuable." Love and affection=good money=valuable

when the government transfers title to an individual it uses a:

patent

the judicial process to prove or confirm a will, or to settle the estate of a party who dies intestate is called:

probate

one who has a valid will is:

testate

A party who makes a will is the:

testator

the person named in the will to settle the estate is called:

the executer

the covenant of quiet enjoyment:

the grantor is promises the new owner will not be disturbed with claims against the property

the covenant of further assurance:

the grantor is responsible for any documentation needed to ensure the title is transferred to the grantee

Execution:

the grantor must sign the deed

the covenant against encumbrances:

the grantor promises that all encumbrances have been disclosed

the covenant of seizen:

the grantor's claims to be the owner with the right to sell the property

the covenant of warranty forever:

the grantor's promises have no expiration date

Delivery:

title doesnt pass until the deed is delivered and accepted. delivery can be into escrow. delivery must be made during the life of the grantor.

who usually uses a Bargain and Sale Deed?

trustees, executers, sheriffs, and officers of the court

when is a Quitclaim Deed used?

used to clear a cloud on the title or to cure a defect in title.

Dedication:

when a developer turns over the streets in a subdivision to the local government