In order to prepare a valid deed, it is essential to understand captions, premises, and clauses. Another crucial step is the examining period of a real property title.

When first encountering a deed, the form itself might seem foreign as it contains various parts entitled with complicated-sounding terms. Breaking down each section will be the easiest way to attack the situation, since paperwork is usually not the most enviable task. Deeds usually include within them a caption, premises, and three clauses consisting of granting, habendum, and warranty. Each section provides space for you to input information you will already have ready, so the task then becomes only a matter of filling in the blanks for a simple open-book test. As long as you double check your facts, the process should be stress-free.

Similarly to the saying, “you wouldn’t buy a car without looking under the hood”, you definitely should not agree to a property transaction without first looking into its past. It would be best to have a title examination done to ensure the absence of any unwanted surprises. There are two types of searches that can be done for the real property title. They are a full search title examination and a limited search title examination. As you can gauge from their names, their only difference is the time period examine. Patience is key with searches since data is rather condensed and abundant. It will definitely be worth the effort when you realize that everything is clear and ready for further proceedings.

Knowing how to process adequate paperwork is vital to a smooth procession, during the process of property transference. The production and completion of a valid deed will be the difference between a swift transaction and a drawn-out proceeding. In order to ensure the yielding of a proper deed, a number of requirements must be satisfied.

A valid deed, must, first and foremost, be produced in writing. Any other attempt at its production will be unacceptable. Keep in mind that some regions call for more than just a written document, such as its being prepared and presented in a specified language. The grantor executing the deed must be competent. They should obviously be in ownership of the property they are looking to transfer as well as be at least 18 years of age, since a minor would not be an acceptable executor of such a transaction. Failure to meet the age requirement will allow the deed to be voidable, similar to deeds composed by or in the name of mentally impaired individuals. 

Be aware also of how you state who exactly the grantor is or who the grantors are. A partnership consists of two individuals and a corporation requires the execution of an actual board of directors, just to name a few examples. Just as you need a grantor, it is just as important to have a grantee who will be acquiring possession of the property. Without them, the deed, is again voidable, and therefore, might as well have not even be drawn up in the eyes of the law. Words of conveyance must also be present somewhere on the deed. 

This is to say that it must be expressly stated within the document the intentions of conveyance of property. It is very important that all involved are well aware of the actual property as well. Therefore, a description is required within the deed so that there are no surprises as to its specifications.

Since some type of price must be stated, also known as consideration, it must be present on the deed as well. Such a procedure is a mere formality however, as you can state twenty dollars as an acceptable consideration, for instance. In most cases the only signature required is that of the grantor’s. Some states though, reserve exceptions for when grantees will be taken over mortgage payments. In cases like this, they also must sign the deeds. 

The final requirement would be that of the adequate witnessing of the deeds as prescribed by your state legislature. Depending on the area you reside in, a witness may be needed in order to either record or actually validate your deed. This witness may be a notary public or other uninvolved individual at the time. The minimum number of persons is usually that of two. Following all of these basic requirements, you should be on the right track to transferring your property.

Paperwork can seem a daunting task to anyone who’s had to deal with it. When it comes to preparing a deed, there’s no difference. In order to ensure that the process does not overwhelm you, it would be very helpful to become well-versed on the specific parts of a deed.

At the very top of the deed, you will find what is known as the caption. This is essentially the heading of the deed where the location in which it was signed and, therefore, the place of its execution is stated. Keep in mind that it does not necessarily simultaneously refer to the actual county and state of the property itself, however. The premises of the deed is where the date of execution as well as the involved parties will be placed. It is advisable to make sure that the correct names of the grantor and grantee are applied. 

There is no need to add honorific terms such as Mr. or Mrs. to the mix. Following this would be the granting clause, where description of conveyance as well as consideration or fees to be exchanged are to reside. There is no exact blueprint or formula of vocabulary that is required of you. It is sufficient enough to make it obvious that this document is a deed for the purpose of conveying or transferring land to another. Following a description of the land or property, are the habendum clause as well as the warranty clause. 

The habendum clause states exactly the status of the estate to be transferred and is usually begun with the words, “to have and to hold.” The rights of the new owner are described as part of the transaction. For instance the property may be transferred as life estate versus fee simple. Life estate places restrictions on the owner as its terms are then only valid for the duration of the person’s life. Fee simple, on the other hand, is the most no strings attached form possible as the inheritor may do with the land as they please as long as they abide by normal state laws attached to ownership of property or lands.

Toward the end of the deed, you will find the warranty clause as well as a testimonial section, which is basically where all appropriate signatures will be placed. The warranty clause is fairly straightforward as this is where terms of warranty will reside. Basically, it states what exact liability the grantor will possess. In the case of quit claim deeds, however, this will not be needed.