Deeds

Real Estate (2007)

Lawcheck & Lawsonline
Section: Questions & Answers
Permanent Link: http://vlex.com/vid/453201
Id. vLex: VLEX-453201

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Summary:

A conveyance of real estate is a conveyance from one person to another. A deed is one form of conveyance transferring title to the real estate from one person to another. Title means ownership of real estate. The person transferring title is known as the "grantor," and the person receiving the title is known as the "grantee." A deed must be in writing and must be signed. The person transferring his/her interest in the real estate must sign the deed. Many states also require the grantee to sign the deed as well. To be effective against third persons and subsequent purchasers, the deed usually must be recorded.

The deed must contain, at the minimum, an identification of the grantor and grantee, including printing of their names, residences, post office addresses, and a legal description of the real estate. A legal description is a description of real estate as determined by a survey recognized by the government. It may refer to the real estate by Lot Number, Metes and Bounds, or Sections. The legal description of a piece of real estate usually may be found in previously executed documents, or it may be obtained from the government unit responsible for recording instruments. A new survey usually is not required prior to every transfer of real estate, unless the size of the real estate is in question or the real estate is being subdivided. Many states also require the street address of the real estate to be included in the deed, as well as, the amount of money, or consideration, paid for the transfer of the real estate.

There are many types of deeds. The specific words used in the deed often determine its classification. Types of deeds include warranty deeds, special warranty deeds, and quit claim deeds. See subtopics on these types of deeds for further information. The words used in the deed determine the type of estate granted to the grantee. See subtopic "Ownership of Real Estate." Please see specific state for details and/or differences.

Black's Law Dictionary, Fifth Edition.

Extract:

Deeds

This is not a substitute for legal advice. An attorney must be consulted.

ALABAMA

Alabama recognizes warranty deeds, special warranty deeds, and quit claim deeds. Alabama Code §35-4-7, 271.

ALASKA

Alaska recognizes warranty deeds and quit claim deeds. Alaska Code §34.15.050, .080.

ARIZONA

Arizona recognizes warranty deeds and quit claim deeds. There must be appended to the deed an...

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