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If the trial court finds the grantor intended the deed to take effect at some point in the future, or if the trial court finds the grantor thought the deed would not be effective until some subsequent act was performed, then there was no delivery and the deed is void and ineffective.
A deed is any legal document that transfers ownership of property. A property deed is a specific type of deed that grants ownership of real property, meaning land and anything permanently attached to the land, from a grantor (current owner) to a grantee (new owner). The title identifies the owner of real property.
A quitclaim deed is a deed by which a grantor transfers only the interest the grantor has at the time the conveyance is executed. The grantor is not promising anything other than that they are giving up their own rights, if any.
The deed must describe the real property, name the party transferring the property (grantor), the party receiving the property (grantee) and be signed by the grantor, who must then acknowledge before a notary public that he/she/it executed the deed.
The value transferred in any contract must be current or future. The agreement is otherwise void. But in a deed, consideration is not relevant. An instrument transferring an interest in land (meaning real estate) must be a deed.
Parts of a deed. The parts of a deed are as under: (i) Name of the deed: The name given at the commencement of the document is not the controlling factor, it is the substance of the document and not the form which is to be considered. (ii) Place and date: The place of execution is stated after the name of the deed.
DEEDS IN GENERAL It must be in writing; 2. The parties must be properly described; 3. The parties must be competent to convey and capable of receiving the grant of the property; 4. The property conveyed must be described so as to distinguish it from other parcels of real property.; 5.
A deed may be divided into three component parts: the premises; the habendum; and, the testimonium. The premises include the date, parties, consideration, granting clause, description, recital, and appurtenances.