Deed
From Wikipedia, the free encyclopedia
Property law
Part of the common law series
Acquisition of property
Gift · Adverse possession · Deed
Lost, mislaid, or abandoned
Alienation · Bailment · License
Estates in land
Allodial title · Fee simple · Fee tail
Life estate · Defeasible estate
Future interest · Concurrent estate
Leasehold estate · Condominiums
Conveyancing of interests in land
Bona fide purchaser
Torrens title · Strata title
Estoppel by deed · Quitclaim deed
Mortgage · Equitable conversion
Action to quiet title
Limiting control over future use
Restraint on alienation
Rule against perpetuities
Rule in Shelley's Case
Doctrine of worthier title
Nonpossessory interest in land
Easement · Profit
Covenant running with the land
Equitable servitude
Related topics
Fixtures · Waste · Partition
Riparian water rights
Lateral and subjacent support
Assignment · Nemo dat
Other areas of the common law
Contract law · Tort law
Wills and trusts
Criminal Law · Evidence
A deed is a legal instrument used to grant a right. Deeds are part of the broader category of documents under seal. Deeds can best be described as quasi-contracts, requiring the agreement of more than one person. Deeds can therefore be distinguished from covenants, which being also under seal, are unilateral promises. The deed is best known as the method of transferring title to real estate from one person to another, often using a description of its "metes and bounds." However, by the general definition, powers of attorney, commissions, patents, and even diplomas conferring academic degrees are also deeds.
Historically at common law, for an instrument to be a valid deed it needed five things:
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 sentence indicating the gift.
The grantor must have the legal ability to grant the thing or privilege.
The person receiving the privilege or thing must have the legal capacity to receive it.
A seal must be affixed to it. Most jurisdictions have eliminated this requirement and replaced it with the signature of the grantor. However, for conveyances of real estate, most jurisdictions[citation needed] require that the deed be acknowledged before a notary public or a civil law notary and some may require a witness or witnesses in addition.
It must be delivered to and accepted by the recipient.
Conditions attached to the acceptance of a deed are known as covenants.
