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Deeds

April 23, 2018

 A deed is a written instrument used to transfer title from one person to another. To be valid, a deed is required to:

 

  • Be in writing,

  • Describe the property,

  • Have a granting clause,

  • Describe a competent grantor,

  • Be executed, and

  • Be delivered and accepted.

 

Under the Statute of Frauds, any conveyance of real property/land, must be evidenced in writing. In a valid deed, the property must be adequately described so that it is clear which parcel is being conveyed. The deed must contain a granting clause that shows words of intent to transfer the interest. Next, the deed must identify the parties that are involved in the transaction with words such as grantor and grantee, and the parties must be competent to understand the terms. The grantor must sign, or execute the deed and it must be delivered to the grantee for acceptance. In doing so, both parties must manifest intent to be bound by the deed. 

 

Types of Deeds

The grant deed is the most common in California, which contains implied warranties of title. A quitclaim deed has no warranties or representations about the interest or title and the property is given "as is."  A gift deed makes a gift of the property to a party, which is usually a friend or relative. Finally, a warranty deed contains six express covenants of title, guaranteeing that the property is good. 

 

Do you have questions regarding your property deed? If so, please contact Aziz Legal by phone at (408) 203-4627 or email us at abid@azizlegal.com.

 

This article is merely informational and is not intended to be used as legal advice. Use of any information from this article is for general information only and does not represent personal legal or tax advice, either express or implied. Readers are encouraged to consult Aziz Legal, or another attorney, for any specific legal matters.  

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