Property deeds are used to convey real property from a grantor (seller) to a grantee (buyer). For a deed to be legally operative, it must include the identification of the grantor and and the adequate description of the property
specifically, deeds fall in a number of categories, including warranty, quitclaim and special purpose. This article will define what deeds are, what needs to be included in a deed to make it legally operative and the different types of deeds that are used in the transfer of real property.
While each state has its own requirements, most deeds must contain several essential elements to be legally valid
- • It must be in writing. While most deeds are completed on printed forms, there is no legal requirement that any specific form used as long as the essential elements are included.
- • The grantor must have capacity to transfer the property and the grantee must be capable of receiving the grant of the property. A person who is competent to make a valid contract is considered competent to be a grantor.
- • The grantor and grantee must be identified in such a way as to be ascertainable.
- • The property must be adequately described
- • Operative words of conveyance must be present. All standard form deeds include the necessary legal language that actually transfers the property.