Legal Descriptions and Deeds

What is a granting clause?

A deed must contain words in the granting clause that state the grantor's intention to convey the property. Depend ing on the type of deed and the obligations agreed to by the grantor, the wording generally is either "convey and warrant" (full warranty deed); "grant, bargain, and sell" (bargain and sale CAG deed); "bargain and sell" (bargain and sale), or "remise, release, and quitclaim" (quitclaim deed).

What is a datum?

A point, line, or surface from which elevations are measured or indicated is a datum, defined by the United States Geological Survey as the mean sea level at New York harbor.

When is a quitclaim deed comomonly used?

A quitclaim deed commonly is used for simple trans fers within a family and for property transferred during divorce settlements. It also can be used to clear a cloud from the title.

What is a quitclaim deed?

A quitclaim deed provides the grantee with the least protection of any deed. By a quitclaim deed the grantor only "remises, releases, and quitclaims" his or her interest in the property to the grantee. If the grantor has no interest in the property, the grantee acquires nothing, nor does he or she acquire any claim against the grantor.

What is the execution of corporate deeds?

Three basic rules must be followed when corporations are to convey real estate. 1. A corporation can convey real estate only upon a proper resolution passed by its board of directors. 2. If all or a substantial portion of a corporation's real estate is being conveyed, it is also usually required that a resolution authorizing the sale be secured from the stockholders. 3. Deeds to real estate can be signed only by an authorized officer. The authority of the officer must be granted by a resolution properly passed by the board of directors.

What is a bench mark?

To aid surveyors, permanent refer ence points called benchmarks have been established throughout the United States. Local benchmarks sim plify surveyors' work because measurements may be based on them rather than on the basic benchmark, which may be miles away.

What is a signature of grantor?

To be valid, a deed must be signed by all grantors named in the deed. A grantor's signature may be signed by an attorney-in-fact acting under a power of attorney (specific written author ity). An attorney-in-fact is any person who has been given power of attorney to execute and sign legal instruments for a grantor.

Who is a grantee?

To be valid, a deed must name a grantee and do so in such a way that he or she is readily identifiable.

What is bargain and sale deed?

as is. A straight bargain and sale deed contains no express warranties. However, it does imply that the grantor holds title to the property. The grantee has little legal recourse if defects later appear in the title. The bargain and sale deed without covenants is used in foreclosure and tax sales.

What is a rectangular survey system?

sometimes called the government survey method, was established by Congress in 1785 as early pioneers moved westward. This method of describing real property is not used in NewJersey or in any other of the original 13 states.

What is a deed?

A deed is a written instrument by which an owner of real estate intentionally conveys his or her right, title, or interest in a parcel of real estate. All deeds must be in writing, in accordance with the requirements of the statute of frauds.

Who is authorized to locate a given parcel?

A licensed surveyor is trained and authorized to locate a given parcel of land and to determine its legal description

What is Point of Begining?

A metes-and-bounds description makes use of the bound aries and measurements of the land in question. Such a description starts at a definitely designated point called the point of beginning (POB) and proceeds clockwise around the boundaries of the tract by reference to mea surements and directions. A metes-and-bounds descrip tion always ends at the point where it began (the POB).

What is a condo description?

A sufficient description of condominium property to be conveyed must include a description of the land on which the building and improvements are located, a designation of the unit conveyed as listed in the declaration, and a description of the common interest conveyed with the unit.

What is a section?

A township is further divided into 36 num bered sections. each section contains one square mile, or 640 acres, and is divided into quar ters for reference purposes. Quarter sections can be divided into quarters or halves, and such parts can be further divided by quarters. The SE 14 of SE 14 of SE 14 of Section 1 would be a 10-acre square in the lower righthand comer of Section 1.

What does a warrant of deed grant?

Covenant of seisin-The grantor warrants that he or she is the owner of the property and has the right to convey title to it. Covenant against encumbrances-The grantor warrants that the property is free from any liens or encumbrances except those specifically stated in the deed. Covenant of quiet enjoyment-The grantor guar antees that the grantee's title is good against third parties who might bring court actions to establish superior title to the property. Covenant of further assurance-The grantor promises to obtain and deliver any instrument needed in order to make the title good. Covenant of warranty forever-The grantor guarantees that if at any time in the future the title fails, he or she will compensate the grantee for the loss sustained. These covenants in a warranty deed are not limited to matters that occurred during the time the grantor owned the property; they extend back to all previous owners

What is the description of RE?

For a deed to be valid it must contain an adequate description of the real estate conveyed.

Who is a grantor?

In New Jersey a person must be of sound mind and have reached the age of 18 in order to effect a valid conveyance.

How do you measure elevations?

In preparing a subdivision plat for condominium use, where one unit is situated above another, a surveyor describes each condominium unit by reference to the ele vation of the floors and ceilings above the city datum.

What is metes and bounds?

Metes and bounds description makes use of the bound aries and measurements of the land in question.

What is a township?

Using these meridians and base lines, land is surveyed into six-mile-square townships, each with identifying reference numbers. Each township contains 36 square miles.

What is the habendum clause?

When it is necessary to define or explain the ownership to be enjoyed by the grantee, a habendum clause follows the granting clause. The habendum clause begins with the words to have and to hold.

What is acknowledgment?

An acknowledgment is a declaration made by a person who is signing a document before a notary public or authorized public officer. This acknowledgment usually states that the person signing the deed or other document is known to the officer or has produced sufficient identification. The acknowledg ment provides evidence that the signature is genuine. Although an acknowledgment is usually made before a notary public, it can also be taken by a judge, attorney or other qualified person. Although an acknowledgment is not required to make a deed valid, in New Jersey all deeds, mortgages, and similar documents must be acknowledged before they can be recorded.

What is delivery and acceptance?

Before a transfer of title by conveyance can take effect, delivery and acceptance must exist. There must be an actual delivery of the deed by the grantor and either actual or implied acceptance by the grantee. Title is said to pass when a deed is delivered. The effective date of the transfer of title from the grantor to the grantee is the date of delivery of the deed itself. Today a document is used instead of a clod of earth, but title still transfers at the moment of delivery and acceptance, and the owner is still said to be seized of the property. The word seisin still denotes ownership and control.

What is the normal deed used in a transfer of property by sale in NJ?

Covenants Against Grantor's Acts Under a bargain and sale deed with covenants against grantor's acts (CAG), grantors cov enant that they have done nothing to encumber the property while it was in their possession. The grantors are willing to warrant about the time they owned the property but not about previous owners This deed is also known as a bargain and sale deed with covenants versus grantors (bargain and sale [CVG]) or a special war ranty deed.

What is a warranty deed?

For a purchaser of real estate, a warranty deed (also known as a general warranty deed or full covenant and warranty deed) (shown in Figure 19.5) provides the greatest protection of any deed

What is as monument?

In a metes-and-bounds description, monuments are fixed objects used to establish real estate boundaries Today, manmade mark ers-usually reinforcing bars, called rebars, bearing the surveyor's initials-are the more common monuments, because it is recognized that natural objects may change or be removed.

Can legal descriptions be changed?

Legal descriptions should not be changed, altered, or combined without adequate information from a compe tent authority such as a surveyor or title attorney. Legal descriptions always should include the name of the county and state in which the land is located. Street address and property tax account identifica tion number, although helpful for quick reference to what is being described, are not usually acceptable as legal descriptions.

What is a legal description?

One of the essential elements of a valid deed is an adequate description of the land being conveyed (the deed usually does not describe improvements on the land). A legal description is an exact way of describing real estate in a contract, deed, mortgage, or other document that is accepted by a court of law.

Who is a grantor?

The owner (who sells or gives the land) is referred to as the grantor, and the new owner (who acquires the title) is called the grantee. A deed is exe cuted (signed) by the grantor.

What is plat of subdivision?

The third method of land description is by lot and map number, referring to a plat of subdivision filed with the clerk of the county in which the land is located. The first step in subdividing land is the prepara tion of a plat (map) of survey by a licensed surveyor or engineer. On this plat the land is divided into blocks and lots, and streets or access roads for public use are indicated.

What is consideration?

To be valid, all deeds must contain a clause acknowledging the grantors receipt of something as consideration. In many states a nominal consideration ("$1 and other valuable consideration") is customary. In New Jersey, however, a deed is not acceptable for recording unless it states the full sales price. If the deed does list "$1" or "love and affection" as consideration, it can be recorded if it is accompanied by an affidavit (sworn state ment) explaining that the transaction is, for example, a gift.

What are the requirements for valid conveyance?

a grantor having the legal capacity to execute (sign) the deed; a grantee named with reasonable certainty, so that he or she can be identified; a recital of consideration;a granting clause (words of conveyance); designation of any limitations on the conveyance of a full fee simple estate; an adequate description of the property conveyed; exceptions and reservations affecting the title; the signature of the grantor; and delivery of the deed and acceptance by the grantee to pass title. Deeds do not have to be dated in order to be valid.