Deeds - Requirements for VALID conveyance

deed requirements

1. must be in writing 2. Grantor must be named and must be legally competent. 3. Grantee must be named. 4. consideration 5. Legal description 6. Granting clause [words of conveyance] 7. signature of the grantor or grantors 8. delivery and acceptance

Grantee must be named

Grantee does not have to be competent. Valid deed must identify the grantee[s]. The deed should specify the type of joint ownership to be held. Straw buyer or purchaser is a fictitious name on a deed, and is made for a celebrity or corp. Can be used if proven to be for those purposes.

Granting clause words of conveyance are determined by the type of deed

For instance, the phrases "convey and warrant" or "grant, bargain and sell" are often used in warranty deeds. The phrases "remise, release and quitclaim" or "convey and quitclaim" may be used in quitclaim deeds.

Deeds Must be in writing

Must be in writing to be enforceable in a court of law. No oral conveyances. Not assignable. *Only Grantor to Grantee specified. And a New deed must be executed and delivered each time a conveyance is made.

Grantor

Relinquishing interest in real property or the person conveying, giving or granting the ownership interest

signature of the grantors

Only the grantor needs to sign the deed. With marital rights such as community property or dower is involved a spouse should also sign to release the rights. Corporation resolution a person from the board of directors signs.

grantee

Recipient or the person receiving, getting, inheriting, ownership interest given by the grantor.

delivery and acceptance.

Title to real estate is conveyed when a properly executed deed is delivered and accepted by the grantee or the grantees agent during the grantors lifetime. The grantee's acceptance can be expressed or implied.

Consideration

a deed is a contract and should contain a description of the consideration. Valuable consideration is money. does not have to show the exact amount paid to the grantor.

delivery and acceptance Doctrine of relation back

death of the grantor does not revoke the agents authority to deliver the deed. Examples, deliver to the attorney or power of attorney, is called attorney in fact.

Guardians deed

executed by a court appointed guardian on behalf of legally incompetent grantor such as minor, habitual drunk, insane person, mentally challenged individual.

Granting clause words of conveyance

expresses the grantors intent to convey the title now, not future. As a example it would say, does grant, bargain, sell, alien, convert, and confirm unto the grantee, the following property. Also, If this clause doesn't state how the interest is being conveyed the law assumes a fee simple estate.

delivery and acceptance recording of the deed.

is not required for it to be valid. which means legal. Means delivery and acceptance has been fulfilled.

Grantor must be named and legally competent

legal age sound mind genuine assent Names must appear on the deed by which the grantor acquired the title. example RJ Dennard should not be used if Richard J. Dennard was previously on the deed.

legal description

property must be identified if description is vague or indefinite the deed is void.

Deeds Transfer by sales

written instrument, when properly executed and delivered by the grantor during the grantor's lifetime. transfers or conveys an interest in the property to the grantee or person who accepts it.