Deeds: purpose, essential elements, and legal descriptions

What a deed does

A deed conveys an interest in real property from the grantor to the grantee. Title is the ownership interest; the deed is the transfer instrument. A purchase contract sets out promises leading to the conveyance.

Essential elements and delivery

For an ordinary voluntary conveyance, look for a competent grantor, an identifiable grantee, present words of conveyance, a sufficient legal description, and execution by the grantor or an authorized representative. Delivery and acceptance complete the transfer. The grantee ordinarily need not sign merely to receive title. Consideration is commonly recited, but an otherwise valid gift deed needs no purchase price.

In New York, Real Property Law § 244 makes a grant effective from delivery. Delivery requires intent to make the instrument presently operative; signing and retaining it without that intent does not convey title. Acknowledgment verifies execution before an authorized officer for recording purposes. Recording provides public notice and can affect priority; it is distinct from delivery and acceptance. Refer particular execution and recording problems to the closing attorney.

Identify the land

Metes and bounds traces boundaries using a point of beginning, directions, distances, and boundary references, returning to the beginning. Lot and block identifies a lot by reference to a specified recorded subdivision map. A street address or tax parcel number should not be assumed to establish exact legal boundaries; check the legal description. The rectangular government survey system uses townships, ranges, and sections where applicable, but is not New York's usual description system.

Conveyance and promises are different

New York Real Property Law § 258 permits statutory short forms and allows other forms. A full covenant deed carries title promises. A bargain and sale deed may be with or without a covenant against the grantor's acts. A quitclaim deed conveys the grantor's interest without those title warranties; the label does not establish that title is defective.