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Real Property • Conveyances
PROP#172
Legal Definition
A deed must: (1) be in writing, (2) be signed by the grantor, and (3) reasonably identify the parties and the land.
Plain English Explanation
Owning property is serious. Property costs a lot of money, and there is a finite amount of it. History is basically one long story of people fighting and dying over specific pieces of property. For that reason, court's don't joke around when it comes to deeds.
A deed passes legal title from a seller to a buyer. A deed is supposed to make it easy to identify who owns a particular piece of property. Oral deeds aren't a thing. They must be in writing, and they must be signed by the current owner who is granting them to the new party. They also need to reasonable identify who that new party is, and what land they are getting.
In the end, the goal of a deed is to allow a third party (like a court) to efficiently figure out specifically who owns specifically what.
A deed passes legal title from a seller to a buyer. A deed is supposed to make it easy to identify who owns a particular piece of property. Oral deeds aren't a thing. They must be in writing, and they must be signed by the current owner who is granting them to the new party. They also need to reasonable identify who that new party is, and what land they are getting.
In the end, the goal of a deed is to allow a third party (like a court) to efficiently figure out specifically who owns specifically what.
Hypothetical
Hypo 1: Bob owns Blackacre and Whiteacre. Both parcels of land are next to each other and practically identical. Bob decides to convey Blackacre to Amy. He writes up a deed and signs it, which says, "I convey my favorite parcel of land to my favorite person." Result: This is not a valid deed. Sure, it is in writing and signed, but it doesn't adequately identify which of Bob's parcels he is conveying, and who he is conveying it to.
Related Concepts
At closing, what is the implied covenant of marketable title?
How does a court treat a deed made to defraud creditors?
How does a court treat a voidable deed?
How does a court treat a void deed?
How does the Statute of Frauds apply to land sale contracts, and what is the effect of part performance?
How may a defect in the Chain of Title impact an Implied Covenant of Marketable Title?
How may an encumbrance impact an Implied Covenant of Marketable Title?
How may zoning impact an Implied Covenant of Marketable Title?
In assessing a conveyance of land, what are the types of notice?
In assessing a Doctrine of Equitable Conversion issue, how does death affect passage of title?
In assessing a Doctrine of Equitable Conversion issue, how does the Uniform Vendor and Purchaser Risk Act affect risk?
In assessing a seller's liabilities for defective real property, what constitutes failure to disclose?
In assessing a seller's liabilities for defective real property, when is a disclaimer sufficient to avoid liability?
In assessing a seller's liabilities for defective real property, when is a seller liable for defects they do not mention?
In assessing a seller's liabilities for defective real property, when is a seller liable for misrepresentation or fraud?
In assessing a seller's liabilities for defective real property, when is there a warranty of fitness or quality?
In assessing deed warranties, what is Against Encumbrances?
In assessing deed warranties, what is Right to Convey?
In assessing the formalities of a deed, what are the rules of construction and priority for the description of the land?
In assessing the formalities of a deed, when is acceptance valid?
In assessing the formalities of a deed, when is a description of land sufficient?
In assessing the formalities of a deed, when is delivery valid?
In assessing the warranties under a general warranty deed, what is Further Assurances?
In assessing the warranties under a general warranty deed, what is Quiet Enjoyment?
In assessing the warranties under a general warranty deed, what is Seisin?
In assessing the warranties under a general warranty deed, what is Warranty?
In land sale contracts, when is time of the essence?
In land sale contracts, when must each party tender performance?
Under a notice recording statute, when does a subsequent Bona Fide Purchaser prevail?
Under a race-notice recording statute, when does a subsequent Bona Fide Purchaser prevail?
Under a race recording statute, when does a subsequent Bona Fide Purchaser prevail?
What are the 3 types of deeds and warranties?
What is a general warranty deed?
What is a quitclaim deed?
What is a special warranty deed?
What is a wild deed?
What is estoppel by deed?
What is the Doctrine of Equitable Conversion?
What is the Shelter Rule?
What remedies are available to a buyer upon violation of an Implied Covenant of Marketable Title?
What remedies are available to parties of a land sale contract if one of them breaches?
When may a deed be an inter vivos gift?
Who does title insurance protect?
Who qualifies as a purchaser for value?
