Deeds: elements of a valid deed and types of deeds

Effective conveyance

A deed conveys a real property interest from a grantor to a grantee. Title is ownership; the deed is the instrument. A sales contract promises a transfer rather than carrying out the conveyance.

Check for a legally competent grantor, an identifiable grantee, a sufficient legal description, words of conveyance, and the grantor's signature or a properly authorized signature. The granting clause expresses conveyance; the habendum clause describes the estate. Reservations and exceptions can limit what passes.

Delivery requires intent to make the deed presently effective, followed by acceptance. Merely signing and retaining a deed for possible future use is insufficient. An authorized closing agent can handle delivery. A gift deed does not require payment of a purchase price.

Acknowledgment authenticates execution for recording purposes. Recording provides public notice and helps protect against competing claims. These are general exam principles; local formalities and the deed's actual language control particular transactions.

Title promises

A general warranty deed offers the broadest customary title covenants, reaching covered defects arising before or during the grantor's ownership. A special warranty deed limits its warranty to claims by, through, or under the grantor. Special means narrower, not stronger.

A bargain and sale deed without express covenants conveys with an implication of ownership but without an express promise to defend title. A quitclaim deed releases whatever interest the grantor has, if any, without title warranties. It can release a possible claim without establishing ownership.

Seisin concerns ownership; the right to convey concerns authority; the covenant against encumbrances concerns undisclosed burdens. Quiet enjoyment and warranty address lawful superior title claims. Further assurances calls for additional acts needed to perfect title. These covenants do not promise a defect-free building, and a warranty does not erase a prior valid lien.

An executor's, sheriff's, or trustee's deed identifies a representative or sale context; examine its language for warranties. A deed of trust secures a debt rather than serving as the ordinary seller-to-buyer conveyance.