Main Elements of a Deed
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The document outlines the main elements and formal parts of a deed. A deed must be in writing, signed by the grantor, identify the grantor and grantee, show intent to convey a property interest to the grantee, identify the property interest and land, and be delivered. It must also have sufficient parties, a proper subject matter, consideration, agreement, signatures, witnesses, and acknowledgment. Formal parts include the recital, premises, habendum, redendum, conditions, warranties, covenants, and conclusion.
Main Elements of a Deed
- 1. Main Elements of a Deed Ajithaa Edirimane, LLB MLB Attorney-at-Law & Notary Public COPYRIGHT Ajithaa Edirimane - No part of this slide presentation shall be copied or extracted or used in anyway without the publisher’s permission - ajithaa2001@yahoo.com
- 2. WHAT IS A DEED? (1) be in writing, (2) signed by the Grantor, (3) identify the Grantor and Grantee, (4) show the Grantor's intent to create or convey a property interest to the Grantee, (5) identify that property interest, (6) identify the land where the Grantee can exercise the rights created or conveyed, and (7) be delivered by the Grantor to the Grantee.
- 3. Features of a Deed 1. It must be written or printed on parchment or paper. 2. There must be sufficient parties. 3. A proper subject-matter which is the object of the grant. 4. Sufficient consideration. 5. An agreement properly set out. 6. It must be read, if desired. 7. It must be signed and sealed. 8. It must be delivered. 9. It must be attested by witnesses. 10. It should be properly acknowledged before a competent officer. (i.e. Notary Public) 11. A deed ought to be recorded at the respective Land Registry.
- 4. Formal parts of a Deed The Recital The premises The Habendum The Redendum Conditions upon which the grant is made Warranties Covenants Conclusion / Testimonium - the source of the grantor’s title - Grantor & Grantee, language of conveyance, property interest - To have and to hold - Yielding and paying therefore (to be found in leases) - The title, peaceful & quiet enjoyment - Signatures of the parties, Witnesses and attestation