deed

Dictionary: deed   (dēd)

1. Something that is carried out; an act or action.
2. A usually praiseworthy act; a feat or exploit.
3. Action or performance in general: Deeds, not words, matter most.
4. Law. A document sealed as an instrument of bond, contract, or conveyance, especially relating to property.

To transfer by means of a deed: deeded the property to the children.

[Middle English dede, from Old English dǣd.]

A legal document that grants the bearer a right or privilege, provided that he or she meets a number of conditions. In order to receive the privilege - usually ownership, the bearer must be able to do so without causing others undue hardship. A person who poses a risk to society as a result of holding a deed may be restricted in his or her ability to use the property.

Deeds are most known for being used to transfer the ownership of automobiles or land between two parties.

Investopedia Says:
For example, an individual who holds a deed for a particular section of land has a legal right to possess that land, but may not be able to build a shooting range on it because of the danger it would pose. In other cases, a holder of the title to a piece of property may be able to own the land but, for environmental reasons, not be allowed to develop it.

Some other popular examples of deeds are commissions, academic degrees, licenses to practice, patents and powers of attorney, each of which grant the holder a given right or privilege.

Related Links:
Organizing and updating your records regularly can save you a lot of grief in a time of crisis. Managing Your Documents To Minimize Disaster
If you have property to sell and want to avoid capital gains tax, a Section 1031 exchange may be the answer. Smart Real Estate Transactions

Instrument in writing that conveys an interest in land (realty) from the grantor to the grantee. Its main function is to pass title to land. See also Bargain and Sale; Quitclaim Deed; Warranty.

A written document, properly signed and delivered, that conveys Title to real property. See General Warranty Deed, Quitclaim Deed, Special Warranty Deed.
Example: In exchange for the agreed upon terms of a Contract including the purchase price, at Closing the seller delivers a deed to the buyer.

noun

Something done: act, action, doing, thing, work. See do/not do.

verb

To change the ownership of (property) by means of a legal document: cede, grant, make over, sign over. Law alien, alienate, assign, convey, transfer. See give/take/reciprocity, law.

Any duly attested, written document executed under seal and delivered to effect a transfer, bond, or contract, such as a conveyance of real property or interest therein.

A written instrument, which has been signed and delivered, by which one individual, the grantor, conveys title to real property to another individual, the grantee; a conveyance of land, tenements, or hereditaments, from one individual to another.

At common law, a deed was an instrument under seal that contained a covenant or contract delivered by the individual who was to be bound by it to the party to whom it was granted. It is no longer required that such an instrument be sealed.

Transfer of Land

Land can only be transferred from one individual to another in the legally prescribed manner. Historically speaking, a written deed is the instrument used to convey ownership of real property.

A deed is labeled an instrument of conveyance. Under Spanish law, which was in effect at an early date in areas of the western United States, a written deed was not necessary to convey title to land. A verbal grant was sufficient to complete the transaction, provided that it was accompanied by a transfer of possession. Verbal grants of land in Texas have, therefore, been given recognition in U.S. courts.

A deed must describe with reasonable certainty the land that is being conveyed. The conveyance must include operative words of grant; however, technical terms do not need to be used. The grantor must be adequately identified by the conveyance, although it is not required that the grantor's name be specifically mentioned. State laws sometimes require that the deed indicate the residence of the grantor by town, city, county, and state.

In order for title to property to pass, a deed must specify the grantee with sufficient certainty to distinguish that individual from the rest of the world. Some statutes mandate that the deed list the grantee's residence by town, city, county, and state.

Execution

In order for a deed to be properly executed, certain acts must be performed to create a valid conveyance. Ordinarily, an essential element of execution is the signature of the grantor in the proper place. It is not necessary, however, that the grantee sign the deed in order for it to take effect as a conveyance. Generally state statutes require that the deed be signed in the presence of witnesses, attesting to the grantor's request.

Delivery

Proper delivery of a deed from the grantor to the grantee is an essential element of its effectiveness. In addition, the grantor must make some statement or perform some act that implies his or her intention to transfer title. It is insufficient for a grantor to have the mere intention to transfer title, in the absence of further conduct that consummates the purpose.

There is no particular prescribed act, method, or ceremony required for delivery, and it is unnecessary that express words be employed or used in a specified manner. The deed need not be physically delivered to the grantee. It is sufficient to mail it to the grantee. Delivery of the deed by the attorney who has written the instrument for the grantor is also adequate. Unless otherwise provided by statute, a deed becomes effective upon its delivery date. The mere fact that the grantee has physical possession of the deed does not constitute delivery unless it was so intended by the grantor.

Acceptance

A deed must be accepted by the grantee in order for proper transfer of title to land to be accomplished. There are no fixed principles regarding what acts are sufficient to effect acceptance, since the issue is largely dependent upon the party's intent.

Acceptance of a deed need not be made by express words or in writing, absent a contrary statutory provision. A deed is ordinarily accepted when the grantee retains it or obtains a mortgage on the property at issue.

Recording

Legal policy mandates that a deed to real property be a matter of public record; therefore, subsequent to delivery and acceptance, a deed must be properly recorded.

The recording process begins when the deed is presented to the clerk's or recorder's office in the county where the property is located. The entire instrument is duplicated, ordinarily by photocopying. The copy is inserted into the current book of official records, which consists exclusively of copies of documents that are maintained and labeled in numerical order.

A properly recorded deed provides constructive notice of its contents, which means that all parties concerned are considered to have notice of the deed whether or not they actually saw it. A majority of jurisdictions place the burden upon home buyers to investigate any suspicious facts concerning the property of which they have actual or constructive notice. If, for example, there is a reference to the property for sale in the records to other deeds, the purchaser might be required to determine whether such instruments give rights in the property to other individuals.

A map referred to in a recorded deed that describes the property conveyed becomes part of the document for identification purposes.

The original copy of a deed is returned to the owner once it has been duplicated, recorded, and filed in the office of the recorder.

A records or clerk's office maintains a set of indexes, in addition to official records, in which information about each deed is recorded, so that upon a search for a document such information can be disclosed. A majority of states have a grantor-grantee index, a set of volumes containing a reference to all documents recorded alphabetically according to the grantor's name. The index lists the name of the grantor first, followed by the name of the grantee, then ordinarily a description of the instrument and sometimes of the property, and ultimately a reference to the volume and page number in the official record where the document has been copied. A grantee-grantor index has the identical information, but it is listed alphabetically according to the grantees' names. A tract index arranges all of the entries based upon the location of the property.

Indexes are frequently classified according to time periods. Therefore separate sets of indexes covering various periods of time may be available.

A significant problem can result in the event that a deed cannot be located through the indexes. This could be due to a mistake in the recording process, such as indexing the deed under the wrong name. In a number of states, the courts will hold that such a deed was never recorded inasmuch as it was not indexed in such a manner as to provide notice to someone properly conducting a check on the title. In these jurisdictions, all grantees have the duty to return to the recorder's office after filing to protect themselves by checking on the indexing of their deeds. A purchaser who lives in a state with such laws should protect himself or herself either by consulting an attorney or returning to the recorder's office to ascertain that the deed is properly recorded and indexed. Other state statutes provide that a document is considered recorded when it is deposited in the proper office even if it is improperly recorded such that it cannot be located. In these states, there are no practical steps for subsequent buyers to take to circumvent this problem.

Types of Deeds

Three basic types of deeds commonly used are the grant deed, the quitclaim deed, and the warranty deed.

Grant Deed

By use of a grant deed, the conveyor says, "I grant (convey, bargain, or sell) the property to you." In a number of jurisdictions a representation that the conveyor actually owns the property he or she is transferring is implied from such language.

Quitclaim Deed

A quitclaim deed is intended to pass any title, interest, or claim that the grantor has in the property but makes no representation that such title is valid. In effect, this type of deed states that if the grantor actually owns the premises described or any interest therein, it is to be conveyed to the grantee. For this type of deed, some state statutes require a warranty by the grantor, stating that neither the grantor nor anyone associated with him or her has encumbered the property, and that the grantor will defend the title against any defects that arise under and through him or her, but as to no others.

Warranty Deed

In a warranty deed the grantor inserts convenants for title, promising that such title is good and clear. The customary covenants of title include warranty of seisin, quiet enjoyment, the right to convey, freedom from encumbrances, and a defense of the title as to all claims.

Validity

If a deed is to have any validity, it must be made voluntarily. The test of the capacity of an individual to execute a valid deed is based upon that person's ability to comprehend the consequences of his or her act. If a deed is not made through the conscious act of the grantor, it can be set aside in court. Relevant factors for the determination of whether or not a particular individual is capable of executing a valid deed are his or her age, and mental and physical condition. Extreme physical weakness resulting from old age or disease is a proper element for consideration in establishing capacity. Mental capacity, however, is the most important factor. If an individual is deemed to be mentally capable of disposing of his or her own property, the deed is ordinarily valid and would withstand objections made to it.

If fraud is committed by either the grantor or grantee, a deed can be declared invalid. For example, a deed that is a forgery is completely ineffective.

The exercise of undue influence also ordinarily serves to invalidate a deed. The test of whether such influence has been exerted turns upon the issue of whether or not the grantor executed the deed voluntarily. Undue influence is wrongful, and serves to confuse the judgment and to control the will of the grantor. Ordinary influence is insufficient to invalidate a deed. Deeds between parties who share a confidential relationship are frequently examined by the courts for undue influence. For example, the courts might place a deed under close scrutiny if the grantor's attorney or physician is named grantee. In addition, if the grantor is a drunkard or uses drugs and narcotics to excess, such would be circumstances for consideration when a court determines whether undue influence was exercised upon the grantor.

Defects

In a number of jurisdictions, an individual selling a house is required to disclose any material defect known to him or her but not to the purchaser. A failure to disclose gives the buyer the right to cancel the deed, sue for damages, and in some instances, recover for personal injuries incurred as a result of such defect.

See: recording of land titles.

Tutor's tip: Despite her good "deed" (a special accomplishment), the chances for success were "dead" (no longer alive).

Property law

Part of the common law series

Acquisition

Gift · Adverse possession · Deed Conquest · Discovery · Treasure Trove Lost, mislaid, and abandoned property Alienation · Bailment · License

Estates in land

Allodial title · Fee simple · Fee tail Life estate · Defeasible estate Future interest · Concurrent estate Leasehold estate · Condominiums

Conveyancing

Bona fide purchaser Torrens title · Strata title Estoppel by deed · Quitclaim deed Mortgage · Equitable conversion Action to quiet title · Escheat

Future use control

Restraint on alienation Rule against perpetuities Rule in Shelley's Case Doctrine of worthier title

Nonpossessory interest

Easement · Profit Covenant running with the land Equitable servitude

Related topics

Fixtures · Waste · Partition Riparian water rights Lateral and subjacent support Assignment · Nemo dat Property and conflict of laws

Other common law areas

Contract law · Tort law Wills, trusts and estates Criminal law · Evidence

v • d • e

The original 1636 deed creating the State of Rhode Island signed by Native American Chief Canonicus to Roger Williams

A deed is a signed and usually sealed legal instrument in writing used to grant a right. Deeds have historically been part of the broader category of instruments under seal, requiring only the affixing of a common seal to render them valid. Today, however, deeds are instruments in solemn form which require the author's signature and a number of attesting witnesses. Deeds are also referred to as agreements under seal, contracts by deed, specialties, or indentures and are often used by lawyers when a very formal document is required.^[1]

Deeds can be described as contract-like as they require the mutual agreement of more than one person. Deeds can therefore be distinguished from covenants, which being also under seal, are unilateral promises. However, a deed differs from a simple contract in that it is enforceable without consideration, has a liability limitation period of double that of a contract, and allows for a third party beneficiary to enforce an undertaking in the deed, thereby overcoming the doctrine of privity.^[2] In its narrowest sense, a deed is any formal document that transfers interest or right of ownership (title) to an asset from one person to another, often using a description of its metes and bounds, e.g., conveyances, transfers, mortgages, charges, or leases. However, by the general definition, powers of attorney, commissions, patents, and even diplomas conferring academic degrees are also deeds.

Traditionally and under common law, to be valid and enforceable, a deed 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 some privilege or thing to someone. This is indicated by using the word hereby or the phrase by these presents in the clause indicating the gift.
• The grantor must have the legal ability to grant the thing or privilege.
• The grantee must have the legal capacity to receive it.
• It must be executed by the grantor in presence of the prescribed number of attesting witnesses; this is known as being in solemn form.
• A seal must be affixed to it. Originally, signatures were optional, but most jurisdictions made seals outdated, and now the grantor and witnesses signatures are primary.
• It must be delivered to (delivery) and accepted by the grantee (acceptance).
• It should be properly acknowledged before a competent officer, most often a notary public.^[3]

Conditions attached to the acceptance of a deed are known as covenants. A deed indented is one executed in two or more parts according to the number of parties, which were formerly separated by cutting in a curved or indented line known as the chirograph.^[4] A deed poll is one executed in one part, by one party, having the edge polled or cut even, and include simple grants and appointments.

Contents 1 Types 1.1 General and special warranty 1.2 Bargain and sale deed 1.3 Quitclaim deed 1.4 Deed of trust 1.5 Deeds as alternatives to bankruptcy 2 Parts 3 Recording 3.1 Joint ownership 3.2 Pardon as deed 3.3 Title deed 3.4 Wild deeds 4 See also 5 References

Types

General and special warranty

Main article Warranty deed

In the transfer of real estate, a deed conveys ownership from the old owner (the grantor) to the new owner (the grantee), and can include various warranties. The precise name of these warranties differ by jurisdiction. However the basic difference between them is the degree to which the grantor warrants the title. The grantor may give a general warranty of title against any claims, or the warranty may be limited only to claims which occurred after the grantor obtained the real estate. The latter type of deed is usually known as a special warranty deed. While a general warranty deed is normally used for residential real estate sales and transfers, special warranty deeds are more commonly used in commercial transactions.

Bargain and sale deed

Main article Bargain and sale deed

A third type of deed, known as a bargain and sale deed, implies that the grantor has the right to convey title but makes no warranties against encumbrances. This type of deed is most commonly used by court officials or fiduciaries that hold the property by force of law rather than title, such as properties seized for unpaid taxes and sold at sheriff's sale, or an executor.

Quitclaim deed

Main article Quitclaim deed

A so-called quitclaim deed is (in most states) actually not a deed at all--it is actually an estoppel disclaiming rights of the person signing it to property.

Deed of trust

In some jurisdictions, a deed of trust is used as an alternative to a mortgage. A trust deed is not used to transfer property directly. It is commonly used in some states, California, for example, to transfer title to land to a “trustee”, usually a trust or title company, which holds the title as security ("in escrow") for a loan. When the loan is paid off, title is transferred to the borrower by recording a release of the obligation, and the trustee's contingent ownership is extinguished. Otherwise, upon default, the trustee will liquidate the property with a new deed and offset the lender's loss with the proceeds.

Deeds as alternatives to bankruptcy

• deed of arrangement - document setting out an arrangement for a debtor to pay part or all outstanding debts, as an alternative to bankruptcy; (Australian law).^[5]

• deed of assignment - document in which a debtor appoints a trustee to take charge of property to pay debts, partly or wholly, as an alternative to bankruptcy; (Australian law).^[6]

Parts

The main clauses of a warranty deed conveyancing land are:

• Premises - date, names and descriptions of parties, recitals, consideration, grant, full description of the thing granted, and any exceptions
• Habendum - clause indicating the estate or interest to be taken by the grantee^[7]
• Tenendum - "to have and to hold", formerly referring to the tenure by which the estate granted was to be held, though now completely symbolic
• Redendum - reserves something to grantor out of thing granted, such as a rent, under the formula "yielding and paying".
• Conditions
• Warranty - grantor warrants the title to the grantee
  • general: when the warrant is against all persons
  • special: when it is only against the grantor, his heirs and those claiming under him
• Covenants - binding limitations or promises
• Conclusion - execution and date
  • Testing clause - sets out details of when and where and by whom the deed was signed and identifies the witnesses^[8]
  • Testimonium clause - attests to the due execution of a deed or instrument.
    • Example: In Witness Whereof, the parties to these presents have hereunto set their hands and seals.

Recording

Usually the transfer of ownership of real estate is registered at a cadastre in the United Kingdom. In most parts of the United States, deeds must be submitted to the Recorder of deeds, who acts as a cadastre, to be registered. An unrecorded deed may be valid proof of ownership between the parties, but may have no effect upon third-party claims until disclosed or recorded. A local statute may prescribe a period beyond which unrecorded deeds become void as to third-parties, at least as to intervening acts.

Joint ownership

Ownership transfer may also be crafted within deeds to pass by demise, as where a property is held in concurrent estate such as "joint tenants with right of survivorship" (JTWROS), "tenants by the entirety", or as a life estate. In each case, the title to the property immediately and automatically vests in the named survivor(s) upon the death of the other tenant(s).

Pardon as deed

In the United States of America, a pardon of the President was once considered to be a deed and thus needed to be accepted by the recipient. This made it impossible to grant a pardon posthumously. However, in the case of Henry Ossian Flipper, this view was altered when President Bill Clinton pardoned him in 1999.

Title deed

In the United Kingdom, England and Wales operate a 'property register'. Title deeds are documents showing ownership, as well as rights, obligations, or mortgages on the property. Since around 2000, compulsory registration has been required for all properties mortgaged or transferred. The details of rights, obligations, and covenants referred to in deeds will be transferred to the register, a contract describing the property ownership.

At common law, ownership was proven via an unbroken chain of title deeds. The Torrens title system is an alternative way of proving ownership. First introduced in South Australia in 1858 by Sir Robert Torrens and adopted later by the other Australian states and other countries, ownership under Torrens title is proven by possession of a certificate of title and the corresponding entry in the property register. This system removes risks associated with unregistered deeds and fraudulent or otherwise incorrect transactions. It is much easier and cheaper to administer, lowering transaction costs. Some Australian properties are still conveyed using a chain of title deeds - usually properties that have been owned by the same family since the nineteenth century - and these are often referred to as 'Old System' deeds.

Wild deeds

A deed that is recorded, but is not connected to the chain of title of the property, is called a wild deed. A wild deed does not provide constructive notice to later purchaser's of the property, because subsequent bona fide purchasers can not reasonably be expected to locate the deed while investigating the chain of title to the property.

See also

Wikimedia Commons has media related to: Deeds

Look up deed in Wiktionary, the free dictionary.

• Deed poll
• Grant deed
• Quitclaim deed
• Warranty deed
• Covenant

References

1. ^ "Glossary", Business Law Online, ed. Victoria University, s.v. "Deed", retrieved on 13 June 2009: [1].
2. ^ Andrew Griffiths, Contracting With Companies, (London: Hart Publishing, 2005), 7.
3. ^ Lectlaw, s.v. "deed", retrieved 19 May 2009. [2].
4. ^ Frederic Jesup Stimpson, Glossary of Technical Terms, Phrases, and Maxims of the Common Law, s.v. "Deed" (Boston: Little, Brown and Co., 1881), 108.
5. ^ "Glossary", The Law Handbook Online, retrieved on 11 June 2009: [3]
6. ^ Ibid.
7. ^ Stewart Rapalje and Robert L. Lawrence, eds., A Dictionary of American and English Law, s.v. "Habendum" (Jersey City, N.J.: F.D. Linn, 1888), 589.
8. ^ "Scots Land Law Glossary/Dictionary", Scottish Law Online, retrieved on 21 June 2009: [4]

This entry is from Wikipedia, the leading user-contributed encyclopedia. It may not have been reviewed by professional editors (see full disclaimer)

Dansk (Danish)
n. - handling, gerning, bedrift
v. tr. - tilskøde, overdrage

idioms:

• deed of covenant    gavebrev
• deed poll    ensidigt dokument

Nederlands (Dutch)
daad, akte, bij akte overdragen

Français (French)
n. - acte, action, fait, (Jur) acte constitutif de propriété, (GB, Jur) acte notarié, authentique, ou formel, contrat
v. tr. - (Jur) transférer par acte notarié/selon les formalités requises

idioms:

• deed of covenant    document attestant son engagement à verser une somme à qn ou à un organisme
• deed poll    de manière légale/officielle

Deutsch (German)
n. - Tat, Urkunde
v. - urkundlich übertragen

idioms:

• deed of covenant    (jur.) Vertragsurkunde
• deed poll    (jur.) einseitiges Rechtsgeschäft

Ελληνική (Greek)
n. - πράξη, έργο, άθλος, ανδραγάθημα, (νομ.) (συμβολαιογραφική) πράξη, έγγραφο, τίτλος
v. - μεταβιβάζω ακίνητη περιουσία με συμβόλαιο

idioms:

• deed of covenant    συμφωνία τακτικής συνεισφοράς σε φιλανθρωπικό ίδρυμα
• deed poll    (νομ.) αυτοσύμβαση, μονομερής πράξη

Italiano (Italian)
atto

idioms:

• deed of covenant    atto contrattuale
• deed poll    atto unilaterale

Português (Portuguese)
n. - fato (m), façanha (f), documento (m)
v. - transferir por meio de escritura

idioms:

• deed of covenant    escritura (f) de garantia
• deed poll    escritura (f) unilateral

Русский (Russian)
поступок, действие, акт

idioms:

• deed of covenant    вольное обязательство подарить деньги
• deed poll    одностороннее обязательство, сделать официально

Español (Spanish)
n. - acción, hecho, hazaña, proeza, escritura, título legal
v. tr. - transferir por escritura

idioms:

• deed of covenant    convenio expreso o de hecho
• deed poll    escritura unilateral

Svenska (Swedish)
n. - handling, gärning, bragd, bedrift
v. - amer. överlåta (dokument)

中文（简体）(Chinese (Simplified))
行为, 契约, 实行, 立契转让

idioms:

• deed of covenant    盖印合同, 常指向慈善机构或个人定期捐款的合同
• deed poll    单条契约

中文（繁體）(Chinese (Traditional))
n. - 行為, 契約, 實行
v. tr. - 立契轉讓

idioms:

• deed of covenant    蓋印合同, 常指向慈善機構或個人定期捐款的合同
• deed poll    單條契約

한국어 (Korean)
n. - 실행, (서명 된) 증서
v. tr. - 서류를 작성하여 재산을 넘겨 주다

日本語 (Japanese)
n. - 行為, 証書, 功績
v. - 譲渡する

idioms:

• deed of covenant    約款捺印証書
• deed poll    平型捺印証書

العربيه (Arabic)
‏(الاسم) مأثرة, فعل, وثيقه ( بخاصه لنقل الملكيه العقاريه) (فعل) ينقل أو يحول ( الملكيه العقاريه) بوثيقه‏

עברית (Hebrew)
n. - ‮עשייה, מעשה, תעודה, מסמך‬
v. tr. - ‮העביר בעלות באמצעות מסמך חוקי‬

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