Requirements of a Valid Deed

Grantor

-If a grantor has been judged legally incompetent, the deed is void -If the grantor's name has been changed since the title was acquired, as when a person changes her name by marriage, both names should be shown—for example, "Mary Smith, formerly Mary Jones."

Grantee

-Not required to sign the deed -If more than one grantee is involved, the granting clause should specify their rights in the property. The clause might state, for example, that the grantees will take title as "joint tenants," "tenants in common," or "tenants by the entirety." -The purchaser's or grantee's present address is required in Illinois as an element of a valid deed. -if no specific form of ownership is selected, tenancy in common is assumed in Illinois.

Granting clause

- A deed must contain a granting clause (also called words of conveyance) that states the grantor's intention to convey the property. (i.e.: "I, Kent Long, convey and warrant..." - A deed that conveys the grantor's entire fee simple absolute interest usually contains wording such as "to ABC and to her heirs and assigns forever." If the grantor conveys less than her complete interest, such as a life estate, the wording must indicate this limitation—for example, "to ABC for the duration of her natural life.

Consideration

- A valid deed must contain a clause acknowledging that the grantor has received consideration (payment for the property) -When a deed conveys real estate as a gift to a relative, "love and affection" may be sufficient consideration.

Exceptions and Reservations

- A valid deed must specifically note any encum-brances, reservations, or limitations that affect the title being conveyed.

Acknowledgment/notorizaton

- Acknowledgment (notorizatin) is not essential to the validity of the deed. - Most title insurance companies require acknowledgment/notarization for deeds covered by their policies.

Legal Description of Real Estate

- To be valid, a deed must contain an accurate legal description of the real estate conveyed. - Land is considered adequately described if a competent surveyor can locate the property using the description.

What are the requirements for a valid deed?

Grantor Grantee Recital of Recision Granting clause (words of conveyance) Accurate legal description of property Any relevant exceptions or reservations Signature of grantor Delivery of deed and acceptance by the grantee