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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.
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.
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.
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.
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.
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.
Words of Conveyance. A clause in a deed that states that the granter intends to convey title to the land. Also called: Granting Clause.
Although a properly completed and notarized deed is valid between the granter and grantee, all states require you to record a property deed.
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.
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.
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