Property lawLesson 1 of 1 in the course Acquisition and transfer

Deeds: Conveyance, Recording, and Co-ownership

5 flashcards · 5 quiz questions · 5 match pairs · 5 fill-in sentences · English

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Summary

A deed is a formal legal instrument used to create, confirm, or transfer rights. This lesson introduces the meaning and history of deeds, their legal characteristics, and the requirements commonly applied to their execution and delivery.

In common law, a deed is a written legal instrument that passes, affirms, or confirms an interest, right, or property. It is associated especially with conveyancing, the transfer of title to property, but deeds can also include commissions, licenses, patents, diplomas, and certain powers of attorney when executed as deeds.

All flashcards

What is a deed?
A deed is a written legal instrument that passes, affirms, or confirms an interest, right, or property, subject to applicable formalities.
Who are the grantor and grantee?
The grantor is the person granting or transferring an interest. The grantee is the person receiving it.
What is delivery of a deed?
Delivery makes a deed operative by showing an intention for it to take effect; it need not always involve physically handing over the document.
What does solemn form mean in deed execution?
It refers to execution with required formalities, including the grantor signing in the presence of the prescribed number of instrumentary witnesses.
What is a specialty?
A specialty is a contract under seal or a contract by deed. Depending on jurisdiction, it may have special rules, such as enforceability without consideration or a longer liability limitation period.

Quiz questions

  1. A grantor gives a special warranty deed. Which claims does the warranty generally cover?Answer: Claims arising while the grantor owned the property.
  2. In the Australian Torrens title system, what is the main evidence of ownership?Answer: The certificate of title and the corresponding register entry.
  3. Under joint tenancy with right of survivorship, what generally happens when one joint tenant dies?Answer: The deceased tenant’s interest passes automatically to the surviving joint tenants.
  4. A life estate lasts for the natural life of the life tenant. Who holds full title after all life tenants have died?Answer: The remainderman.
  5. What historically distinguishes a deed indenture from a deed poll?Answer: An indenture was made in matching parts; a deed poll was executed in one part by one party.

Based on the Wikipedia article Deed, licensed CC BY-SA 4.0. Adapted into a summary, flashcards and quizzes.

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