DEED - A written document for the
transfer of land or other real property from one person
to another. A quitclaim deed conveys only such rights
as the grantor has. A warranty deed conveys specifically
described rights which together comprise good title.
A writing or instrument under seal, containing some
contract or agreement, and which has been delivered
by the parties. This applies to all instruments in
writing under seal, whether they relate to the conveyance
of lands or to any other matter; a bond, a single
bill, an agreement in writing, or any other contract
whatever, when reduced to writing which is sealed
and delivered, is as much a deed as any conveyance
of land. Signing is not necessary at common law to
make a deed.
Deed, in its more confined sense, signifies a writing,
by which lands, tenements and hereditaments are conveyed,
which writing is sealed and delivered by the parties.
The formal parts of a deed for the conveyance of
land are:
The Premises, which contains all that precedes the
habendum, namely, 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 granted, and the exceptions, if any.
The Habendum, which states that estate or interest
is granted by the deed this is sometimes, done in
the premises.
The Tenendum. This was formerly 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 of no use and it is therefore
joined to the habendum under the formula to have and
to hold.
The Redendum is that part of the deed by which the
grantor reserves something to himself out of the thing
granted, such as a rent, under 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.
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.
The Conclusion, which mentions the execution and
the date, either expressly, or by reference to the
beginning.
The circumstances necessarily attendant upon a valid
deed are: 1. It must be written or printed on parchment
or paper. 2. There must be sufficient parties. 3.
A proper subject-matter which is the object of the
grant. 4. A. sufficient consideration. 5. An agreement
properly set forth. 6. It must be read, if desired.
7. It must be signed and sealed. 8. It must be delivered.
9. It must be attested by witnesses. 10. It should
be properly acknowledged before a competent officer.
A deed ought to be recorded.
A deed may be avoided by alterations made in it subsequent
to its execution, when made by the party himself,
whether they be material or immaterial, and by any
material alteration, made even by a stranger. By the
disagreement of those parties whose concurrence is
necessary; for instance, in the case of a married
woman by the disagreement of her hushand. By the judgment
of a competent tribunal.
Deeds may be considered as:
A. Conveyanees at common law, original and derivative.
1st. The Original are: 1. Feoffment. 2. Gift. 3. Grant.
4. Lease. 5. Exchange; and 6. Partition. 2nd. The
Derivative are: 7. Release. 8. Confirmation. 9. Surrender.
10. Assignment 11. Defeasance.
B. Conveyances which derive their force by virtue
of the statute of uses, namely: 12. Covenant to stand
seised to uses. 13. Bargain and sale of lands. 14.
Lease and release. 15. Deed to lead and declare uses.
16. Deed of revocation of uses.
Title deeds are considered as part of the inheritance
and pass to the heir as real estate. A tenant in tail
is entitled to them; and chancery will enable him
to get possession of them.
The cancellation, surrender or destruction of a deed
of conveyance, will not divest the estate which has
passed by force of it.
