General Warranty Deeds

1
(General) Warranty Deeds

• Passes everything the grantor has, but also
  warrants
• Free from encumbrances (except as listed
• Buyer will have quiet enjoyment of the property
• Seller will defend title against anyone claiming
  the property

2
WARRANTY DEED For good consideration,
we________________________________________
of_____________________________________, County
of_____________________ State of__________________
_____________, hereby bargain, deed and convey
to______________________________ of
____________________________ County
of______________________________, State
of_____________________, the following described
land in _________________county, free and clear
with WARRANTY COVENANTS to wit (Type in the
legal land description, such as the SW1/4 of the
NE1/4 of the SE1/4 of Section 17 of T19N, R24W,
more or less ___ acres) Grantor, for itself and
its heirs, hereby covenants with Grantee, its
heirs, and assigns, that Grantor is lawfully
seized in fee simple of the above-described
premises that it has a good right to convey
that the premises are free from all encumbrances
that Grantor and its heirs, and all persons
acquiring any interest in the property granted,
through or for Grantor, will, on demand of
Grantee, or its heirs or assigns, and at the
expense of Grantee, its heirs or assigns, execute
and instrument necessary for the further
assurance of the title to the premises that may
be reasonably required and that Grantor and its
heirs will forever warrant and defend all of the
property so granted to Grantee, its heirs,
against every person lawfully claiming the same
or any part thereof. Being the same property
conveyed to the Grantors by deed of
______________________________________,
dated___________________19____. WITNESS the
hands and seal of said Grantors this____day
of_______, 20____. _____________________________
__________Grantor _____________________________
__________Grantee STATE OFCOUNTY
OF On____________________before
me,______________________, personally
appeared__________________________________________
____, personally known to me (or proved to me on
the basis of satisfactory evidence) to be the
person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that
he/she/they executed the same in his/her/their
authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature______________________________
3
Requirements for Deeds

• Competent grantor
• Grantee(s)s name
• Recital of consideration (even for gifts)
• Words of conveyance ("grant, bargain sell")
• Legal land description
• Grantors signature
• Delivery of deed to grantee or grantees agent
  (escrow)

4
Delivery of Deeds

• Deeds must be delivered to be effective
• Shoebox deeds are they valid? (NO)
• Proving delivery
• Physical transfer of the deed
• Transferors intent to pass title to transferee

5
Optional Aspects of Deeds

• Recitals of encumbrances (already recorded and in
  the abstract)
• Witnesses
• Acknowledgment (notory public)
• Recording at county recorders office
• Grantee(s)s signature
• Date

6
Quitclaim Deeds

• QDs only pass whatever interest the grantor has
  at the time of the deed execution
• When to use a quitclaim deed?
• To disclaim any and all title defects
• To clean up boundary line disputes (when fences
  are off the true boundary line)
• To release mortgage liens after the mortgage is
  paid off
• To add time in adverse possession between two or
  more squatters (known as tacking)

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QUIT CLAIM DEED STATE OF _________ COUNTY OF
________ This indenture made this day of ,
200__, between _______________ as GRANTOR, and
__________________________ as GRANTEE.
WITNESSETH That the GRANTOR, on behalf of
himself, his heirs, executors, administrators,
successors, representatives and assigns, for and
in consideration of the sum of ONE DOLLAR, cash
in hand paid at or before delivery of this
document, the receipt of which is hereby
acknowledged, has bargained and sold and by this
document and does grant, bargain, sell, convey,
remise, release and forever QUIT CLAIMS unto said
GRANTEE, on behalf of himself, his heirs,
executors, administrators, successors,
representatives and assigns, all the right,
title, interest, claim or demand which the
GRANTOR may have had in and to the following
described property Address________________
Lot________ Tract _______ Parcel ________
Block _________ Plat Book , page , Superior
Court of ______________. TO HAVE AND TO HOLD the
said tract of land, with all singular the rights,
members and appurtenances thereof, so that
neither GRANTOR nor any other person claiming
under him shall at any time claim or demand any
right, title or interest to tthe said tract of
land or its appurtenances. IN WITNESS THEREOF,
the said GRANTOR has herewith set his hand and
seal, the day and year first above written.
________________________ GRANTOR Signed, Sealed,
Sworn to and delivered in the presence of
----------------------- NOTARY PUBLIC
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Quit Claim Deed   THE GRANTOR_____________________
__________________of______________________, City
of_____________________________________,County
of____________________, State of__________________
___________,for the consideration
of_____________ __________________________________
_____CONVEY and QUIT CLAIM to_____________________
____________of___________________________, City
of__ ______________, County of____________________
__, State of_________________, all interest in
the following described real estate in the County
of_______ ______, in the State of_________________
____, to wit     Dated this____ day
of_______,20___.   _______________________________
____ Grantor's Signature   _______________________
____________ Type or Print Name   ________________
___________________ Recipient Signature   ________
___________________________ Type or Print
Name   Notary Public
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Legal Land Description

• Metes and Bounds
• Monuments such as creeks, trees, rocks, posts
• Distances and Angles
• Area (acreage)
• Governmental Survey System
• Township Lines (horizontal) Six miles wide
• Range Lines (verticle) Six miles wide
• Township 36 Sections (36 square miles)
• Section 640 acrea

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(No Transcript)
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(No Transcript)
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• Draw a section and darken in the area
  represented by the W1/2 of the SE1/4 of the
  NE1/4 of the NW1/4 of the Section
• How many acres are in the above land description?
  (Hint 1/2 x ¼ x ¼ x ¼ x 640 acres)

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Voiding Deeds

• Lack of grantor's mental competency
• Undue influence on grantor by grantee or agent
  of the grantee
• Fraud on creditors when the deed conveyance
  makes the grantor insolvent
• Remedy if the deed is void Put the parties
  back into their original positions (rescission),
  i.e., return possession to the grantor and return
  any payments to the grantee