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Simple English definitions for legal terms
deed
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A quick definition of deed:
A deed is a legal document that shows who owns a piece of property, like a house or land. It's important because it tells everyone that the new owner has the right to use and sell the property. The deed has to be written down and signed by the old owner and given to the new owner. There are different types of deeds, but the best one is called a warranty deed because it promises that the old owner really owns the property and that there are no problems with it. Other types of deeds don't promise as much, so it's important to be careful when buying property.
A more thorough explanation:
A deed is a legal document that transfers ownership of a property from one person to another. It is usually recorded in the local county clerk’s office to protect the new owner's title and ownership. A valid deed must be in writing and contain certain elements, including:
- The names of the grantor and the grantee
- Words of conveyance, such as “grant, convey, assign, transfer, and give”
- The property’s legal description
- An affidavit or statement of consideration
- The grantor's signature and delivery to the grantee
There are different types of deeds, including:
- Warranty Deed: Provides full warranties from the grantor to the grantee, including six traditional Covenants for Title:
- Covenant of Seisin
- Covenant of Right to Convey
- Covenant Against Encumbrances
- Covenant of Quiet Enjoyment
- Covenant of Warranty
- Covenant of Further Assurances
- Special Warranty Deed: Warrants only against defects that occurred during the seller's ownership
- Quitclaim Deed: Makes no warranties about the property's title
For example, if John sells his house to Jane using a warranty deed, John promises that he has good ownership of the property, has not contracted to sell it to anyone else, and that there are no encumbrances or liens on the property. John also promises to defend Jane against anyone who claims title to the property in the future. If John sells the property to Jane using a quitclaim deed, he makes no promises about the property's title and only transfers whatever interest he currently has in the property, if any.