Level 20 Chapter 2 Elements of a Valid Deed Flashcards

Level 20 Chapter 2 Elements of a Valid Deed Flashcards Legal DescriptionFor a deed to be valid, it must contain an accurate description of the real estate conveyed. A legal description is a description of a property that is distinct and precise enough to distinguish it from all other properties.Grantee shouldTo be valid, a deed must name a grantee. Their full, proper name (including any designations like Jr. or Sr.) should be listed. This way, it's clear who's getting the title, and the potential for mix-ups is reduced. If the deed is going to be recorded, the addresses of the grantor and grantee should be included as well.If more than one grantee is involved, the granting clause needs to specify each grantee's rights to the property. If a deed names a fictitious person, it's considered void.Granting ClauseThe granting clause, also known as words of conveyance, is needed to state the grantor's intention to convey the property.Words like "sell, give, bargain, convey, and grant" are used to make it very clear that the deed is transferring the property from the grantor to the grantee.The granting clause needs to indicate what interest in the property is being conveyed by the grantor at that time Delivery and AcceptanceExecution of a valid deed in itself does not convey title.Delivery and acceptance are the required actions for the proper execution of a deed, involving delivery of the deed by the grantor with the intention of transferring title and acceptance by the grantee receiving the property.Recording the DeedRecording is not always necessary to make a deed valid.Recording is the act of documenting any transfer or claim of interest in the title to real property in public records per state law. Documents affecting any interest, right, or title to a parcel of real estate should ideally be recorded as constructive notice to the public of ownership - usually at the county level All The Grants mustLet's start with the grantor. A grantor must be:Of legal age, of sound mind Type of DeedQuitclaim deeds may use phrasing like, "quits any and all claims to."A full covenant and warranty deed would tend to say, "grant, sell, and convey with general warranty of title." Signature of GrantorA deed needs to be signed by all grantors named in the deed. When a grantor's spouse has been named as a grantor, the spouse also must sign. Grantees don't need to sign the deed .Witnesses to the grantor's signature are not

typically necessary for the deed to be valid. Still, grantees should insist on the signatures being acknowledged (notarized).Requirements for a Valid DeedA competent grantorName of the granteeGranting clause, a.k.a. words of conveyanceStatement of considerationLegal description of the property being

conveyedHabendum clauseLimitationsExceptions and reservationsAcknowledgment of the grantor's signatureDelivery and acceptance AcknowledgmentAn acknowledgment is a formal declaration that the person signing a document is signing it by choice with a real

signature. Acknowledgment takes place in the presence of a notary or other authorized public officer, like a judge or justice of the peace. This authorized person serves as the legal witness.Unless the notary personally knows the grantor making the acknowledgment, they will ask to see ID to make sure the signing party is who they say they are.