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What makes a valid deed?

At common law, to be valid and enforceable, a deed must meet several requirements: It must state on its face that it is a deed, using wording like “This Deed...” or “executed as a deed”. ... The granter must have the legal ability to grant the thing or privilege, and the grantee must have the legal capacity to receive it.

What does a valid deed require?

At common law, to be valid and enforceable, a deed must meet several requirements: It must state on its face that it is a deed, using wording like “This Deed...” or “executed as a deed”. ... The granter must have the legal ability to grant the thing or privilege, and the grantee must have the legal capacity to receive it.

What must be included in a deed?

For a deed to be legally operative, it must include the identification of the granter and grantee, and the adequate description of the property. More specifically, deeds fall in a number of categories, including warranty, quitclaim and special purpose.

What is a legal deed?

A deed is a written document which is executed with the necessary formality (that is, more than a simple signature), and by which an interest, right or property passes or is confirmed, or an obligation binding on some person is created or confirmed. Deeds are generally enforceable despite any lack of consideration.

Is a deed valid if not signed?

For a deed to be valid, the granter must sign it. ... But if she doesn't sign the deed somehow, the deed is void. The grantee doesn't need to sign the deed for it to be valid; only the granter needs to sign.

What are the elements of a valid deed?

Elements of a Valid and Enforceable Deed In order for a deed to be valid and legally enforceable, the deed must meet the following requirements: Must be in writing and convey title to real property. Signed by the granter. Granter's signature should be notarized.

Does a grant deed need to be recorded to be valid?

Although a properly completed and notarized deed is valid between the granter and grantee, all states require you to record a property deed.

Does a deed have to be recorded to be valid?

Although recording statutes vary between U.S. states, they virtually all require that an interest in real property be formally recorded in the appropriate county office in order to be valid. ... If your deed has not been recorded, you are not recognized as the legal owner of your property.

Is a grant deed valid if not recorded?

Also, in most states a deed conditionally delivered is not effective. ... In a few states, an unrecorded deed is invalid unless it is recorded. But in most states, an unrecorded deed is valid only between the granter and the grantee.

What happens if you do not record a deed?

What Happens if a Deed Is Not Recorded? ... At the time of transfer, the owner usually records the deed by filing it in the land records of the property's county, but it is not required for it to legally transfer title to the new owner. However, failure to record a deed may cause problems for the new owner.

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