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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. There must be a granter and grantee.
For a deed to be valid, it must meet the following requirements: The granter must have legal capacity, which means that the granter is of sound mind and lawful again most states, the minimum age is 18. There must be enough information in the deed to identify the grantee with reasonable certainty.
Although generally a deed does not have to be recorded to be a valid conveyance, there are practical reasons for recording a deed. Deeds usually do not take effect as to creditors and subsequent purchasers without notice until the instrument is recorded. The deed also must be accepted by the grantee.
A deed executed in blank, without designation of a grantee, is also void. In contrast, if the title is voidable, the granter can choose to rescind the deed against the grantee, but title may be enforced by a bona fide purchaser. For example, a deed is voidable if it was obtained by fraud in the inducement.
If a deed is to have any validity, it must be made voluntarily. If FRAUD is committed by either the granter or grantee, a deed can be declared invalid. For example, a deed that is a forgery is completely ineffective. The exercise of UNDUE INFLUENCE also ordinarily serves to invalidate a deed.
A deed executed in blank, without designation of a grantee, is also void. In contrast, if the title is voidable, the granter can choose to rescind the deed against the grantee, but title may be enforced by a bona fide purchaser. For example, a deed is voidable if it was obtained by fraud in the inducement.
The law treats a forged deed as if the deed never existed. Unlike fraudulent documents that are not forged which are voidable at the option of a defrauded party, and therefore valid if the defrauded parties do not choose that option forged deed is void from the start, and cannot ever be revived, the Court ruled.
Generally speaking, no. Once a quit claim deed has been completed and filed with the County Clerk's Office, the title will officially pass from the granter to the grantee. The only way to reverse a quit claim deed is to go to court and prove that the granter was forced to sign the document under duress.
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