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Real
Estate Deed
A
deed is a legal instrument
(document), almost always in writing, which
passes an interest in real estate from
one person to another person. In short,
when real estate is sold or given to
someone it is done with a deed. The new
owner of the real estate receives their
rights to the property and any title
warranties given by the previous owner from
the deed.
The deed is the most formal
type of private instrument requiring not
only an executing party to the deed
(grantor/grantee, transferor/transferee)
but also generally requires attesting
witnesses as signatories and
acknowledgments from a Notary Public. A
deed has therefore a greater presumption
of validity and is less rebuttable than
other types of real estate documents.
At common law, to be valid and
enforceable,
real estate deeds must fulfill several
requirements:
- It must state on its
face it is a deed, using wording
like "This Deed..." or "executed as
a deed."
- It must indicate that
the instrument itself conveys an
interest in real property to
someone.
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Deeds must adequately describe the
real property for which the interest
is being transferred.
- The grantor must have
the legal capacity to grant the
interest, and the grantee must have
the legal capacity to receive it.
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Deeds must be executed by
the grantor(s) in presence of the
prescribed number of witnesses
set forth by the local jurisdiction.
- It must be delivered to
(delivery) and accepted by the
grantee (acceptance.)
Conditions attached to the
acceptance of a deed are known as
covenants.
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Creating a
Real Estate
Deed |
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Margins
are a
requirement of
local recorders.
They give space
for recorders to
mark up a deed
with the needed
references to
where and when
the deed was
recorded. The
required margins
on a deed vary
by state and
county. |
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The
Deed's title is
displayed here.
This tells the
world what type
of deed it is,
Quit Claim Deed,
Warranty Deed,
Grant Deed, etc.
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This
deed executed,
this tells the
world that the
deed was
executed on a
specific date. |
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The
grantor's
section on
real estate deeds
list the names
of the grantors
who will be
giving the
interest in the
real estate to
the grantees.
Most states
require that
this section
include the
grantor's
name(s),
address(es), and
marital status. |
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The
Grantee's
section lists
the grantee(s)
that will be
receiving the
interest in the
real estate from
the grantor(s).
This section
should list the
grantee(s)
name(s),
address(es),
marital status,
and vesting
information. The
vesting
information
describes how
the grantee(s)
will hold title
to the property. |
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The consideration
section of a
deed lists what
was given to the
grantor by the
grantee in
exchange for the
real estate.
This is usually
money. |
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The habendum
clause in a deed
which defines
the type of
interest and
rights to be
given to the
grantee by the
grantor. |
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The legal
description
section of a
real estate deed
describes the
real estate that
is being
transferred to
the grantee by
the grantors.
There are 4
types of legal
descriptions used
in real estate
ownership in the
USA. Metes and
bounds,
Government land
survey, Lot and
block numbers,
and Monuments.
The legal
description is
one of the most
important parts
of a deed. The
best way to get
an accurate
legal
description is
to review a
previous deed
for the
property.
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The street
address section
of the deed
lists the common
description of
the property,
sometimes called
the postal
address. |
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The parcel ID
section of the
deed lists the
identifying
number that has
been assigned to
the property,
usually by the
local taxing
authority. |
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The signor's
section is the
area where the
parties to the
deed who are
required to sign
make their mark
on the deed.
Requirements as to
who must sign a
deed vary from
state to state.
The deed should
not be signed
until in the
presence of a
Notary Public. |
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The notary
section of a
real estate deed
is the area
where a Notary
Public
acknowledges
that the
person(s)
signing the deed
are who they say
that they are.
Most states
require that a
deed be
notarized in
order to be
valid and
enforceable. |
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The
document
prepared by
section list the
name and address
of the person
who prepared the
deed. |
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The
return recorded
deed to section
lists the name
and address
where the deed
is to be
returned
(mailed) to once
the deed is
recorded. |
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Real Estate Deed Recording Information:
| Preparing a Real Estate Deed for Recordation in Brunswick County, North Carolina |
| ...t in priority. Real property documents such as warranty deeds, deeds of trust, and other conveyance documents pertaining to real property situated in Brunswick County can be recorded with the Register of Deeds.
REQUIREMENTS FOR DOCUMENTS
• An instrument presented for recording must first be acknowledged (notarized) before the Register of Deeds can record it. The grantor must sign the instrument and must have his/her signature acknowledged.
• A document must be on white paper that ... |
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| Preparing a Standard Real Estate Deed for Recordation in Delta County, Michigan |
| ...s relating to real property located in Delta County can be recorded with the Register of Deeds.
REQUIREMENTS FOR DOCUMENTS
• Documents purporting to convey or encumber real estate executed in Michigan require an acknowledgment by a judge, clerk of a court of record, or a notary public within the state.
• In order to be recorded, the document must be legible. Black ink, a type size of 10 point, and white 20 pound paper will help to meet legibility standards. The paper size must be ... |
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| Preparing a Standard Real Estate Deed for Recordation in Niobrara County, Wyoming |
| ...rty located in Niobrara County.
DOCUMENT STANDARDS
• If a document is legible but not sufficiently clear enough to produce a readable copy, the clerk may require the person to substitute a clear original or legible true copy of the original document. The county clerk may prepare a true copy by handwriting or typewriting and attach the same to the original as part of the document. The county clerk shall charge a fee of $0.50 per 100 words for preparing a true copy.
• White paper me... |
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| Preparing a Standard Real Estate Deed in Chippewa County, Wisconsin |
| ...xt. For this reason, and for many others, it is wise to protect your interest by recording your deed, as this provides constructive notice of rights and interests in land. Real property documents such as warranty deeds, quit claim deeds, and other conveyance documents pertaining to real property located in Chippewa County can be recorded with the Register of Deeds.
REQUIREMENTS
• Only original deeds with original signatures can be recorded. Signatures are required to be notarized or aut... |
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| Creating a Compliant Real Estate Deed for Recordation in Montgomery County, Tennessee |
| ...aining to real property located in Montgomery County can be recorded with the Register of Deeds.
REQUIREMENTS FOR DOCUMENTS
• Original copies or certified copies can be submitted for recording. A certified copy must have the clerk’s signature and seal from the certifying office.
• White paper measuring 8.5x11 inches or 8.5x14 inches is accepted.
• If the first page does not provide sufficient space for recording information, an additional page will be added, which will res... |
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| Preparing a Standard Real Estate Deed for Recordation in Missoula County, Montana |
| ...uch as warranty deeds, easements, and quit claim deeds pertaining to real property located in Missoula County. Every conveyance of real property, other than a lease for a term not exceeding one year, is void against any subsequent purchaser or encumbrancer, including an assignee of a mortgage, lease, or other conditional estate, of the same property or any part thereof in good faith and for a valuable consideration whose conveyance is first duly recorded.
REQUIREMENTS
• Documents must ... |
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| Preparing a Standard Real Estate Deed for Hendricks County, Indiana |
| ...o real property located in Hendricks County are handled at the County Recorder’s office.
REQUIREMENTS FOR RECORDING
• Typewritten or computer generated text should be in black ink and a font size of at least 10 point.
• White paper of at least 20 pound weight and measuring at least 8.5x11 inches but no larger than 8.5x14 inches is required.
• The first and last page of the document must have clean top and bottom margins of at least 2 inches.
• All other margins shoul... |
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| Preparing a Standard Real Estate Deed for Recordation in Walla Walla County, Washington |
| ...roperty located in Walla Walla County can be submitted for recording to the County Auditor. A document is deemed recorded the moment it is filed for record.
GENERAL GUIDELINES
• Paper size may not exceed 8.5x14 inches.
• Written or printed text must be in at least 8 point font. All information must be legible and reproducible.
• No attachments, except firmly attached barcodes or address labels, may be attached to an instrument.
• Deeds, contracts, and mortgages of re... |
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| Recording a Standard Real Estate Deed in St. Johns County, Florida |
| ...l property located in St. Johns County can be recorded with the County Clerk of Court. Changes cannot be made once an instrument has been recorded.
REQUIREMENTS FOR DOCUMENTS
• The paper should be 8.5x11 inches or 8.5x14 inches. Originals are accepted for recording.
• In the upper right corner of the first page, provide a 3x3 blank space. On each subsequent page, provide a 1x3 blank space in the upper right corner. Other margins should be at least 1 inch.
• Legible black pri... |
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| Preparing a Standard Real Estate Deed in Kay County, Oklahoma |
| ... warranty deeds, quit claim deeds, and other instruments transferring or conveying title for real property located in Kay County can be recorded with the Register of Deeds.
REQUIREMENTS
• Documents submitted for recording should be originals, clearly legible, in the English language, and should be properly notarized.
• The paper should be no larger than 8.5x14 inches. White paper of at least 20 pound weight is required to produce a legible copy.
• The text of the instrument s... |
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General Real Estate Deed Information:
| Using a Real Estate Deed to Transfer Property |
| ...nership of a real estate property and for transferring the title of the land as well as its improvements. Now the words used in these deeds may be warrant, grant, convey or assign but basically all these words do the same thing, i.e. to transfer the interest of the seller to the buyer. There are two parties in a real estate deed, the Grantor and the Grantee. The Grantee here is the person or entity purchasing the property while the Grantor is the person or entity selling the real estate property... |
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| General Real Estate Deed Information |
| ...u own, regardless if it is a house, condo, or store, requires a deed as proof of ownership. A deed has in writing who owns the property and who the property will be left to if anything happens to the current deed holder, or owner.
In the past before there were deeds there were charters. Deeds make it easier to transfer property from one party to another. Including in deeds is a description of the property, the names of the people involved, and the original person who owned the properties sign... |
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| Recording a Deed in Regular System or Land Court System in Hawaii |
| ...ystem. Both of these systems are housed in the Hawaii Bureau of Conveyances, which is the statewide recording office in Hawaii. Hawaii does not have a county recording system. All documents must conform to the Bureau of Conveyances document standards.
REGULAR SYSTEM
The Regular System is a race-notice system. Basically, any document submitted for recording will be accepted by the Regular System, regardless of whether the parties have an interest in the land. As long as a document meets H... |
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| Methods of Terminating an Easement |
| ...tting from the easement and the party subject to it agree to a release, the next step is to enter into a deed.
Methods or factors of termination:
RELEASE
An easement can be terminated by releasing it through the use of a deed. This can be done through a quitclaim or grant deed.
MERGER
A merger of legal interests by common ownership will extinguish an easement. A merger occurs when the same owner acquires fee title to both the benefitting and burdened properties. An owner cannot ... |
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| The Different Types of Easement Deeds in Real Property Documents |
| ...out possessing it. An agreement of this type requires at least two parties. The creation of an easement is handled the same way as other documents of conveyance. Easements can also be written into a deed of conveyance, or may also be transferred with the deed. The three major types of easements are appurtenant easements, easements in gross, and prescriptive easements.
Easements are usually included in a deed description, and will often remain in place after the land is sold. When purchasing... |
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