Deed in United States

Deed Definition

A written instrument under seal, containing a contract or agreement which has been delivered by the party to be bound and accepted by the obligee or covenantee. Co. Litt. 171; 2 BL Comm. 295; Shep. Touch. 50. A writing under seal, by which lands, tenements, or hereditaments are conveyed for an estate not less than a freehold. 2 Sharswood, Bl. Comm. 294. Any instrument in writing under seal, whether it relates to the conveyance of real estate, or to any other matter, as, for instance, a bond, single bill, agreement; or contract of any kind, is as much a deed as is a conveyance of real estate, and, after delivery and acceptance, is obligatory. 2 Serg. & R. (Pa.) 604; 5 Dana (Ky.) 365; 2 Miss. 154. The term is, however, often used in the latter sense above given, and perhaps oftener than in its more general signification. According to Sir William Blackstone (2 Comm. 313), deeds may be considered as conveyances at common law, of which the original are feoffment, gift, grant, lease, exchange, partition; the derivatives are release, confirmation, surrender, assignment, defeasance, or conveyances which derive their force by virtue of the statute of uses, namely, covenant to stand seised to uses; bargain and sale of lands; lease and release; deed to lead and declare uses; deed of revocation of uses.

Deed in Foreign Legal Encyclopedias

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Deed	Deed in the World Legal Encyclopedia.
Deed	Deed in the European Legal Encyclopedia.
Deed	Deed in the Asian Legal Encyclopedia.
Deed	Deed in the UK Legal Encyclopedia.
Deed	Deed in the Australian Legal Encyclopedia.

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Legal Issue for Attorneys

A written instrument under seal, containing a contract or agreement which has been delivered by the party to be bound and accepted by the obligee or covenantee. Co. Litt. 171; 2 BL Comm. 295; Shep. Touch. 50. A writing under seal, by which lands, tenements, or hereditaments are conveyed for an estate not less than a freehold. 2 Sharswood, Bl. Comm. 294. Any instrument in writing under seal, whether it relates to the conveyance of real estate, or to any other matter, as, for instance, a bond, single bill, agreement; or contract of any kind, is as much a deed as is a conveyance of real estate, and, after delivery and acceptance, is obligatory. 2 Serg. & R. (Pa.) 604; 5 Dana (Ky.) 365; 2 Miss. 154. The term is, however, often used in the latter sense above given, and perhaps oftener than in its more general signification. According to Sir William Blackstone (2 Comm. 313), deeds may be considered as conveyances at common law, of which the original are feoffment, gift, grant, lease, exchange, partition; the derivatives are release, confirmation, surrender, assignment, defeasance, or conveyances which derive their force by virtue of the statute of uses, namely, covenant to stand seised to uses; bargain and sale of lands; lease and release; deed to lead and declare uses; deed of revocation of uses.

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Notice

This definition of Deed Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..

Plain-English Law

Deed as defined by Nolo’s Encyclopedia of Everyday Law (p. 437-455):

A document that transfers ownership of real estate.

Practical Information

Note: Some of this information was last updated in 1982

A formal written instrument by which title (in U.S. law) to real property (in U.S. law) is conveyed from one person to another. (See also deed of trust (in U.S. law).) The legal effect of the deed is to transfer ownership from the seller to the purchaser, taking away from the seller the use and enjoyment of the property and relieving the seller of its burdens. The deed is usually prepared by the seller’s attorney, and is signed and delivered upon closing title (in U.S. law). A formal written instrument by which title (in U.S. law) to real property (in U.S. law) is conveyed from one person to another. (See also deed of trust (in U.S. law).) The legal effect of the deed is to transfer ownership from the seller to the purchaser, taking away from the seller the use and enjoyment of the property and relieving the seller of its burdens. The deed is usually prepared by the seller’s attorney, and is signed and delivered upon closing title (in U.S. law).

The parties to a deed are the grantor, who conveys his or interest in the property, and the grantee, to whom the conveyance is made. The grantor is the seller, and the grantee is usually the purchaser, but not necessarily. The purchaser may buy the land for the grantee. Only the grantor signs the deed, unless the grantee makes special covenants.

Bargain and Sale Deed

. A deed in general use for the transfer of title where there are no warranties made by the grantor. The deed transfers whatever interest the grantor has in the property at the time of its execution.

Warranty Deed

See Warranty Deed entry here.

Quitclaim Deed

A deed that merely releases the grantor’s interest in the property and nothing further.

Deed of Gift

A deed of gift is given in consideration of the “love and affection that the grantor has for the grantee. A deed of gift passes title (in U.S. law) as
completely as a deed for which there is a monetary consideration.

Statutory Deed

A short form of deed approved by some states to save the space required for recording deeds. By statute, certain covenants and warranties are made part of the deed and, although not set forth in the deed, are binding on the grantor and his or her heirs. Since the statute is actually part of the deed and a state statute is not effective outside of the state enacting it, a statutory form of deed can be used only in the specific state that makes statutory provision for it. See Statutory Deed entry. See also recording (of Deed) .

Fiduciary Deed

A fiduciary deed may have a grantor as an executor, administrator, trustee, guardian, receiver, or commissioner. Some states permit a statutory form to be used, wherein the main difference between the fiduciary deed and a general warrant deed is that the fiduciary must state his source of authority. See Fiduciary Deed entry.

Sheriffs Deed

A deed usually prepared by the sheriff for real estate sold at public sale.

Tenancy by the entirety

See tenancy by the entirety (in U.S. law).

Contents of deed

Read the entry about Content of Deed here

(Revised by Ann De Vries)

What is Deed?

For a meaning of it, read Deed in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Deed.

Deed