This chapter outlines the types of deeds used in modern real estate, their historical development, and the essential requirements for creating a valid deed. It discusses various deed types, such as general warranty deeds, limited warranty deeds, and quitclaim deeds, along with the principles of preparation, correction, and ethical considerations in deed creation. Proper identification of grantors and grantees, legal descriptions, and witnessing requirements are emphasized as critical components for validity in deed preparation.

1. Chapter 8
Deeds

2. Objectives
• After reading this chapter, you should be able
to
– Identify the types of deeds used in modern real
estate practice.
– Explain the basic requirements of a valid deed.
– Prepare a deed.

3. Historical Development of Deeds
• Originally, land conveyed by the actual delivery of
vacant possession to the land in which a seller
would place or “seize” the purchaser in
possession
• Later, the fine became the preferred method of
conveyance
• Today, written deeds are used to describe
property and parties
– Recorded in public files

4. Types of Deeds
• General warranty deed
– Covenants (warranties) by grantor to grantee
• Covenant of seisin
• Covenant of right to convey
• Covenant against encumbrances
• Covenant of further assurance
• Covenant of quiet enjoyment
• Covenant of warranty

5. Types of Deeds
• Present versus future covenants
– Case
• Lunsford v. King, 132 Ga. App. 749, 209 S.E.2d 27 (1974)
– Plaintiff entitled to prove case before jury
» Including amount of unliquidated damages

6. Types of Deeds
• Limited (special) warranty deed
– Warranty deed in which the grantor covenants
only against lawful claims of people claiming by,
through, or under the grantor
– Grant deed
• Transfers only the interest the grantor has in the land
and not the land itself
• Type of limited warranty deed commonly used in
California

7. Types of Deeds
• Quitclaim deed
– Contains no covenants or warranties of title
– Found in other forms of deeds
• Foreclosure deeds
• Executor’s deeds
• Administrator’s deeds
• Trustee’s deeds

8. Types of Deeds
• Executor’s and administrator’s deeds
– Transfer of a title to real property from the estate
of a deceased individual
– Without warranty of title
• Trustee deeds
– Deed transferring property held in trust for a
beneficiary
– Without warranty of title

9. Basic Requirements of a Valid
Deed
• Written instrument
• Competent grantor
• Identity of grantee
• Words of conveyance
• Adequate description of land

10. Basic Requirements of a Valid
Deed
• Consideration
• Signature of grantor
• Witnesses
• Delivery of completed deed to grantee

11. Preparation of a Valid Deed
• Most deeds have the following parts:
– Caption
– Premises or preamble
– Granting clause
– Description
– Habendum
– Warranty clause
– Testimonium

12. Completing Sections of a Deed
• Preamble
– Grantor designations
– Grantee designations
• Granting clause
• Description
• Testimonium

13. Correction of Deeds
• Grantor must execute and deliver corrective
deed to the grantee
• Corrective deed is valid without any additional
consideration
• Acceptance by the grantee is admission of
error found in the original deed
• Reformation and cancellation of deed

14. Practical Tips for the Paralegal
• Grantor
– Legal ownership (individual or business entity)
must be verified through a title report
• Or court documents, if necessary
– Name must be spelled correctly

15. Practical Tips for the Paralegal
• Grantee
– Same attention to detail applies to the grantee
– If grantees are receiving property as co-owners,
that language must be in the deed
• Legal description

16. Practical Tips for the Paralegal
• Witnessing a deed
– If acting as a witness, must see grantee(s) sign the
deed
– If acting as a notary public, must properly identify
the parties signing the deed
• Notarizing a deed without seeing the actual
signature(s) is a violation of the notary oath
– May be considered perjury in many states

17. Checklist: Preparing a Deed
• Research before preparation
– Review the contract or other agreement covering
the transfer of ownership to the property
– Review the title examination to ensure the correct
name of title owner to the property

18. Checklist: Preparing a Deed
• Research before preparation
– Confirm the correct spellings of all names of the
grantor and grantee
– Carefully review the title examination and
determine what title exceptions should be
identified in the deed

19. Checklist: Preparing a Deed
• Research before preparation
– Confirm prospective purchasers have no special
requirements for taking title
• E.g., joint tenancy with right of survivorship
– Review survey legal description against
description in grantor’s current deed to ensure no
difference exists between the two descriptions

20. Checklist: Preparing a Deed
• Preparing the deed
– Draft the caption and preamble
• Indicate the county and state where the deed signed
• Date the deed with the date of execution and delivery
• Indicate the correct name of the grantor
• Indicate the correct name of the grantee, noting any
special forms of ownership

21. Checklist: Preparing a Deed
• Preparing the deed
– Draft the consideration
– Draft the legal description
• Use the correct legal description verified by survey and
title examination
• If the legal description is too long to be included on the
face of the deed, use an exhibit
• List all title exceptions being transferred with the
property

22. Checklist: Preparing a Deed
• Preparing the deed
– Draft signature blanks
• Grantor is the only person who signs the deed
• Correctly identify the grantor’s name
• Type all names underneath the signature lines
• Deed must be signed and sealed
• Make certain the deed contains the proper number of
witnesses and the correct notary designation

23. Ethics: Falsification of Documents
• ABA Code of Professional Responsibility
prohibits an attorney from falsifying a
document for any reason
• Likewise, a paralegal cannot falsify a
document for any reason
– Including changing a date on the deed

24. Summary
• Ownership to real property transferred by a deed
– Warranty or quitclaim
• Deeds must properly identify the grantor/grantee
and a description of the property to be
transferred
• Deeds must be signed and witnessed
• Title is not transferred until deed is delivered to
the grantee