Requirements For A Valid Deed

Question 1

Competent grantor

Answer 1

For a deed to be valid, the grantor must be of legal age and sound of mind, and clearly named in the body of the deed

Question 2

Grantee

Answer 2

A grantee must be an actual person who is named and identifiable. Grantee’s marital status, residence, and post office address must appear on deeds

Question 3

Recital of Consideration

Answer 3

Recite a nominal consideration or other valuable consideration given for the deed. Could be through money (valuable consideration) or through love/affection (good consideration.

Question 4

Words of Conveyance

Answer 4

Found in the granting clause and shows intent to transfer. Words used usually consist of “convey and warrant”, “grant, bargain, and sell”, or “remise, release, and quitclaim”.

Question 5

Adequate Description

Answer 5

Description clause in a deed must unquestionably describe the real estate involved. An address or tax map key is not sufficient, instead metes and bounds or plat and parcel legal description would be used.

Question 6

Signature of Grantor

Answer 6

Deed must be signed by the grantor, and if any, all the other joint tenants who own the realty in the deed or their separate deeds. If grantor has a wife with dower privileges, the grantor’s wife must also sign the deed to release her ownership as well.

Question 7

Delivery to Grantee

Answer 7

A deed MUST be delivered for it to be valid. Could be delivered actually or constructively (through a 3rd party such as by an attorney here and now or an escrow). Except in land court where property only transfers when deed is registered on the certificate of title