Chapter 32 Deeds
Figure 32-1 Answers will vary
1. Under early common law, any contract that was under seal and contained covenants was called a deed.
2. The requirements of a valid deed are: (a) in writing, (b) identify the grantor, (c) signed by the grantor, (d) identify the grantee, (e) contain words of conveyance, such as "grant," "convey," or "transfer," (f) describe the locus being conveyed, (g) be delivered to the grantee, and (h) be accepted by the grantee.
3. The four types of deeds that are in general use today are: (a) general warranty deed, (b) special warranty deed, (c) quitclaim deed, and (d) bargain and sale deed.
4. The general warranty deed is the most desirable form of deed from the viewpoint of the grantee because it warrants that the title is good. It contains four covenants.
5. To avoid the use of lengthy and complicated language in a deed, many states have created short forms of deeds, which give the same warranties as the long forms but use fewer words.
6. In a special warranty deed, the grantor warrants: (a) the premises are free from all encumbrances made by the grantor, and (b) the grantor will warrant and defend the title only against claims through him or her.
7. A quitclaim deed is commonly used when a deed is necessary to cure a defect in the chain of title, or when the grantor is not sure whether his or her title is good or bad. Executors, administrators, and other fiduciaries often use this form of deed when conveying real property.
8. A bargain and sale deed has the same form as a warranty deed except that the covenants are omitted.
Understanding Legal Concepts
1. T 6. T
2. T 7. F, after
3. F, is 8. F, no warranties
4. F, does 9. T
5. T 10. F, is
Checking Terminology
1. p 6. ee 11. w 16. t 21. n 26.y
2. s 7. v 12. cc 17. r, ff 22. ii 27.q
3. x, z, aa 8. a 13. e 18. l, dd 23. j, k 28g, i, bb
4. jj 9. o 14. hh 19. d 24. gg 29.u
5. h 10. m 15. b 20. f 25. c
Using Legal Language
Clifford purchased a parcel of real property from Diane who was the executrix of an estate. In the deed, which was the formal written instrument by which title was transferred, Diane was the grantor, and Clifford was the grantee. The instrument, which conveyed only the grantor's interest and contained no warranties, is called a(n) quitclaim deed in some states, a(n) deed without covenants in others, and a(n) fiduciary deed in still others. The metes and bounds system is used to describe the property by its outer boundaries, with reference to courses, distances, and monuments (visible marks indicating boundaries). Metes are distances between points, and bounds are the directions of the boundaries that enclose a parcel of land. Later, Clifford sold the property to Emily who was schooled in the subject of conveyancing—that is, transferring title to real property—and wanted the kind of deed that warrants (gives assurances) that title is good. Emily insisted that Clifford give her a deed containing four promises or guarantees called covenants. This type of deed is known as a(n) general warranty deed in some states and a(n) full covenant and warranty deed in others. The habendum clause in this deed begins with the words "To have and to hold." The day after receiving title, Emily transferred the exact parcel—that is, the locus—to Frank by giving him a(n) special warranty deed, which is called a(n) limited warranty deed in some states, and warrants that the premises are free from all encumbrances made by the grantor. In her state, the bargain and sale deed, which conveys the land itself and requires consideration, is not used.
Puzzling Over What You Learned
1 / 2 / H E / R E / D / I / T / A / 3 / T / S
C / MEN
4 / 5
O / E / F / D
6
T
V / B A S / E / L / I / N / E / S
7 / D
E NCUMB / RA / NCE / E
N / 8 / O / U / N / D / S
S / B
A / 9 / 10 / R / A / N / T / O / R
P / G / C / W
11
N / L / N / I
P / I
12 / 13
T RAC / TO / F / L / A / N D / W A / R / RA / N / T
T / A / B / 14 / R / H
Q
T / 15
L / O / C / U / S / Y / O
I / 16 / D
M
U / U
17 / 18 / N / 19 / E / N / E / M / E / N / T / S
P / G / T
T
L / R / D / T / E / C
C
20 / 21 / A / I / N / A / N / DS / A L / ED / EED / O
B A / RG
A / T / N / A / S / V
22 / I / E
M / O / N / U / M / E / N / T / S
E / 23
G / A / M / E / R / I / D / I / A / N / S
24
E / E / A
P / D / E / E / D
E / N
E / T
25
H A B / EN / D / UM / CLA / US / E
Caveat: Do not allow squares for spaces between words and punctuation (apostrophes, hyphens, etc.) when filling in crossword.
Across
2. Things capable of being inherited, including not only lands and everything thereon but also heirlooms.
6. Horizontal lines running east and west in the United States government survey.
7. A claim, lien, charge, or liability attached to and binding real property.
8. Directions of the boundaries that enclose a parcel of land.
10. A person who transfers real property to another.
12. A large piece of land.
13. To give assurance.
15. A place.
19. Everything of a permanent nature that may be possessed and, in a more restrictive sense, houses or dwellings.
20. A deed that conveys land itself, rather than people’s interest therein, and requires consideration.
21. Visible marks indicating boundaries.
23. Lines running north and south in the United States government survey.
24. A formal written instrument by which title to real property is transferred from one person to another.
25. The portion of a deed beginning with the words to have and to hold, which defines the extent of the ownership of the property granted.
Down
1. A promise or assurance.
3. A system of describing real property by its outer boundaries, with reference to courses, distances, and monuments.
4. Another name for quitclaim deed.
5. Another name for quitclaim deed.
9. A map designating the size and shape of a specific land area.
11. Another name for plot.
14. A deed to real property in which the grantor
transfers only his or her interests, if any, in the property and gives no warranties of title.
16. Distances between points.
17. Another name for plot.
18. A person to whom real property is transferred.
21. A row of townships running north and
south in the United States government survey.