A deed is a
legal document where you tell the world about the transfer
of land. One definition says - Law A document sealed
as an instrument of bond, contract, or conveyance, especially
relating to property.
The best way to be sure a deed is correct
is to have a lawyer or attorney draft the deed. A well drafted
deed is important to the seller, and more so to the buyer.
Before you give money to someone for land you need to be
sure the deed is correct, and that the seller has good title.
No one should purchase land without a title search, and the
use of an attorney to read and draft the deed is a good idea.
You
can get a free consultation from a local lawyer on deeds
and deed issues by clicking here.
The formal parts of a deed for the conveyance
of land are:
The Premises, which contains the date, the names and descriptions
of the parties, the recitals, the consideration, the receipt
of the same, the grant, the full description of the thing
or land granted, and the exceptions, if any.
The Habendum, which states that estate or interest is granted
by the deed.
The Tenendum. This was once used to express the tenure
by which the estate granted was to be held; but now that
all freehold tenures have been converted into socage, the
tenendum is now joined to the habendum
under the formula of to have and to hold.
The Redendum is that section of the deed by which the grantor
(seller) reserves something to himself out of the thing granted,
such as a rent, with the following formula: Yielding and
paying.
The Conditions Upon Which The Grant Is Made.
The Warranty, is that part by which the grantor warrants
the title to the grantee. This is general when the warrant
is against all persons, or special, when it is only against
the grantor, his heirs and those claiming under him. Executors
generally give special warranties, as do banks.
The Covenants, if any, are inserted to oblige the parties,
or one of them, to do something beneficial to, or to abstain
from something, which if done, might be prejudicial to the
other. These are sometimes called 'deed restrictions'.
The Conclusion, which mentions the execution and the date,
either expressly, or by reference to the beginning. It usually
appears before the signature lines, etc.
A good deedform will cover all of these parts.
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