1. Chapter 8
Deeds

2. Objectives After reading this chapter, you should be able to
Identify the types of deeds used in modern real estate practice.
Explain the basic requirements of a valid deed.
Prepare a deed.

3. Historical Development of Deeds
Originally, land conveyed by the actual delivery of vacant possession to the land in which a seller would place or “seize” the purchaser in possession
Later, the fine became the preferred method of conveyance
Today, written deeds are used to describe property and parties
Recorded in public files

4. Types of Deeds General warranty deed
Covenants (warranties) by grantor to grantee
Covenant of seisin
Covenant of right to convey
Covenant against encumbrances
Covenant of further assurance
Covenant of quiet enjoyment
Covenant of warranty

5. Types of Deeds Present versus future covenants Case
Lunsford v. King, 132 Ga. App. 749, 209 S.E.2d 27 (1974)
Plaintiff entitled to prove case before jury
Including amount of unliquidated damages

6. Types of Deeds Limited (special) warranty deed
Warranty deed in which the grantor covenants only against lawful claims of people claiming by, through, or under the grantor
Grant deed
Transfers only the interest the grantor has in the land and not the land itself
Type of limited warranty deed commonly used in California

7. Types of Deeds Quitclaim deed
Contains no covenants or warranties of title
Found in other forms of deeds
Foreclosure deeds
Executor’s deeds
Administrator’s deeds
Trustee’s deeds

8. Types of Deeds Executor’s and administrator’s deeds Trustee deeds
Transfer of a title to real property from the estate of a deceased individual
Without warranty of title
Trustee deeds
Deed transferring property held in trust for a beneficiary

9. Basic Requirements of a Valid Deed
Written instrument
Competent grantor
Identity of grantee
Words of conveyance
Adequate description of land

10. Basic Requirements of a Valid Deed
Consideration
Signature of grantor
Witnesses
Delivery of completed deed to grantee

11. Preparation of a Valid Deed
Most deeds have the following parts:
Caption
Premises or preamble
Granting clause
Description
Habendum
Warranty clause
Testimonium

12. Completing Sections of a Deed
Preamble
Grantor designations
Grantee designations
Granting clause
Description
Testimonium

13. Correction of Deeds
Grantor must execute and deliver corrective deed to the grantee
Corrective deed is valid without any additional consideration
Acceptance by the grantee is admission of error found in the original deed
Reformation and cancellation of deed

14. Practical Tips for the Paralegal
Grantor
Legal ownership (individual or business entity) must be verified through a title report
Or court documents, if necessary
Name must be spelled correctly

15. Practical Tips for the Paralegal
Grantee
Same attention to detail applies to the grantee
If grantees are receiving property as co-owners, that language must be in the deed
Legal description

16. Practical Tips for the Paralegal
Witnessing a deed
If acting as a witness, must see grantee(s) sign the deed
If acting as a notary public, must properly identify the parties signing the deed
Notarizing a deed without seeing the actual signature(s) is a violation of the notary oath
May be considered perjury in many states

17. Checklist: Preparing a Deed
Research before preparation
Review the contract or other agreement covering the transfer of ownership to the property
Review the title examination to ensure the correct name of title owner to the property

18. Checklist: Preparing a Deed
Research before preparation
Confirm the correct spellings of all names of the grantor and grantee
Carefully review the title examination and determine what title exceptions should be identified in the deed

19. Checklist: Preparing a Deed
Research before preparation
Confirm prospective purchasers have no special requirements for taking title
E.g., joint tenancy with right of survivorship
Review survey legal description against description in grantor’s current deed to ensure no difference exists between the two descriptions

20. Checklist: Preparing a Deed
Preparing the deed
Draft the caption and preamble
Indicate the county and state where the deed signed
Date the deed with the date of execution and delivery
Indicate the correct name of the grantor
Indicate the correct name of the grantee, noting any special forms of ownership

21. Checklist: Preparing a Deed
Preparing the deed
Draft the consideration
Draft the legal description
Use the correct legal description verified by survey and title examination
If the legal description is too long to be included on the face of the deed, use an exhibit
List all title exceptions being transferred with the property

22. Checklist: Preparing a Deed
Preparing the deed
Draft signature blanks
Grantor is the only person who signs the deed
Correctly identify the grantor’s name
Type all names underneath the signature lines
Deed must be signed and sealed
Make certain the deed contains the proper number of witnesses and the correct notary designation

23. Ethics: Falsification of Documents
ABA Code of Professional Responsibility prohibits an attorney from falsifying a document for any reason
Likewise, a paralegal cannot falsify a document for any reason
Including changing a date on the deed

24. Summary Ownership to real property transferred by a deed
Warranty or quitclaim
Deeds must properly identify the grantor/grantee and a description of the property to be transferred
Deeds must be signed and witnessed
Title is not transferred until deed is delivered to the grantee