A written document for the transfer of land or other real property from one person to another. A quitclaim deed conveys only such rights as the grantor has. A warranty deed conveys specifically described rights which together comprise good title.
A writing or instrument under seal, containing some contract or agreement, and which has been delivered by the parties. This applies to all instruments in writing under seal, whether they relate to the conveyance of lands or to any other matter; a bond, a single bill, an agreement in writing, or any other contract whatever, when reduced to writing which is sealed and delivered, is as much a deed as any conveyance of land. Signing is not necessary at common law to make a deed.
Deed, in its more confined sense, signifies a writing, by which lands, tenements and hereditaments are conveyed, which writing is sealed and delivered by the parties.
The formal parts of a deed for the conveyance of land are:
The Premises, which contains all that precedes the habendum, namely, the date, the names and descriptions of the parties, the recitals, the consideration, the receipt of the same, the grant, the full description of the thing granted, and the exceptions, if any.
The Habendum, which states that estate or interest is granted by the deed this is sometimes, done in the premises.
The Tenendum. This was formerly used to express the tenure by which the estate granted was to be held; but now that all freehold tenures have been converted into socage, the tenendum is of no use and it is therefore joined to the habendum under the formula to have and to hold.
The Redendum is that part of the deed by which the grantor reserves something to himself out of the thing granted, such as a rent, under the following formula: Yielding and paying.
The Conditions Upon Which The Grant Is Made.
The Warranty, is that part by which the grantor warrants the title to the grantee. This is general when the warrant is against all persons, or special, when it is only against the grantor, his heirs and those claiming under him.
The Covenants, if any, are inserted to oblige the parties, or one of them, to do something beneficial to, or to abstain from something, which if done, might be prejudicial to the other.
The Conclusion, which mentions the execution and the date, either expressly, or by reference to the beginning.
The circumstances necessarily attendant upon a valid deed are: 1. It must be written or printed on parchment or paper. 2. There must be sufficient parties. 3. A proper subject-matter which is the object of the grant. 4. A. sufficient consideration. 5. An agreement properly set forth. 6. It must be read, if desired. 7. It must be signed and sealed. 8. It must be delivered. 9. It must be attested by witnesses. 10. It should be properly acknowledged before a competent officer.
A deed ought to be recorded.
A deed may be avoided by alterations made in it subsequent to its execution, when made by the party himself, whether they be material or immaterial, and by any material alteration, made even by a stranger. By the disagreement of those parties whose concurrence is necessary; for instance, in the case of a married woman by the disagreement of her hushand. By the judgment of a competent tribunal.
Deeds may be considered as: A. Conveyanees at common law, original and derivative. 1st. The Original are: 1. Feoffment. 2. Gift. 3. Grant. 4. Lease. 5. Exchange; and 6. Partition. 2nd. The Derivative are: 7. Release. 8. Confirmation. 9. Surrender. 10. Assignment 11. Defeasance. B. Conveyances which derive their force by virtue of the statute of uses, namely: 12. Covenant to stand seised to uses. 13. Bargain and sale of lands. 14. Lease and release. 15. Deed to lead and declare uses. 16. Deed of revocation of uses.
Title deeds are considered as part of the inheritance and pass to the heir as real estate. A tenant in tail is entitled to them; and chancery will enable him to get possession of them.
The cancellation, surrender or destruction of a deed of conveyance, will not divest the estate which has passed by force of it.