Deed Contents in United States

Practical Information

Note: Some of this information was last updated in 1982

Regardless of the instrument contains the following:

1. Date of execution.

2. Whether grantor is an individual, a partnership, or a corporation.

3. Full name of grantor who has fee simple (in U.S. law) as determined by abstract, title insurance or deed, residence of grantor. Full description of grantor’s office and authority if he or she is conveying in a representative capacity.

4. Marital status of grantor.

5. Full name of spouse if spouse must join in the conveyance.

6. Full name and residence of grantee.

7. Description of property. See land description (in U.S. law).

8. Whether deed is to be a warranty, bargain and sale, quitclaim, or gift deed. If printed form is used, the type of deed will be printed on the form. Printed forms come for corporation to individual, corporation to corporation and individual to corporation.

9. Consideration to be expressed in deed. Consideration is the price given for the property or the motive for giving it.

10. A recital of any mortgage (in U.S. law) or other encumbrance (in U.S. law) on the property. The statement of encumbrances, if any, follows the description of the property.

11. habendum clause (in U.S. law). States that the grantee is to have the property transferred to him or her.

12. covenants (in U.S. law). Promises made by the grantor and grantee. The most usual ones, such as the grantee’s right to quiet enjoyment of the property, and the assurance that the grantor has the right to pass title, are printed in the forms for deeds. The lawyer will dictate any unu seal covenants.

13. testimonium clause (in U.S. law). Closing clause immediately preceding the signature. The introductory words to the testimonium clause, in witness whereof in testimony whereof, and the like, are usually typed in solid caps. The word following begins with the lower case unless it is a proper name. A comma usually follows the introductory words.

14. Names and official positions of officers signing and acknowledging deed, if grantor is a corporation.

(Revised by Ann De Vries)

What is Deed Contents?

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