Deed validity requirements

Question 1

Who are the two parties to a deed?

Answer 1

grantor & grantee

Question 2

Who is the grantor?

Answer 2

the owner giving title

• the owner must be mentally competent
• the “or” gives; the “ee” receives (“ee” rhymes with receeeve)

Question 3

Who is the grantee?

Answer 3

the person receiving title

Question 4

What are the 8 parts of a deed?

Answer 4

• premises
• consideration
• granting clause
• legal description
• appurtenances
• habendum clause
• covenant of seisin
• signature lines

Question 5

Does a valid deed have to be in writing?

Answer 5

yes

Question 6

Does a valid deed need to have the names of the grantor & grantee?

Answer 6

yes

Question 7

Does the grantor need to be competent and of legal age?

Answer 7

yes

Question 8

Does the consideration need to be described?

Answer 8

yes

Question 9

Does there need to be a legal description?

Answer 9

yes

Question 10

Who needs to sign a deed for it to be valid?

Answer 10

the grantor & two witnesses

Question 11

Do deeds need to be acknowledged, notarized, or recorded to be valid?

Answer 11

no

Question 12

What has to happen first if the grantee wants to give constructive notice (publicly recorded) of ownership?

Answer 12

The deed has to be notarized

Question 13

___ delivery and ___ acceptance of the deed are required

Answer 13

voluntary delivery and voluntary acceptance