![]() While acknowledgement is not necessary for a valid deed, except when state statute requires it, it may be ineligible for recording. The form of the acknowledgement should conform to the state law of the state in which the property is located. ![]() An acknowledgement - a formal declaration, before a notary public, justice of the peace, or other official designated by state law - that conveyance is voluntary and that the grantor has the right to convey title.An attorney-in-fact with a power of attorney may sign for the grantor. All owners of a property must sign the deed - including spouses in those states that grant the spouse marital or homestead rights.There may be an habendum clause that further limits ownership rights, such as prohibiting certain activities, like gambling or drinking.Any exceptions or reservations, such as encumbrances or deed restrictions the grantor may retain certain rights, such as an easement over the land.A legal description that accurately identifies the property. ![]() The deed must also state the consideration - what the seller received for the transfer, which is usually the amount of money paid, but, in the case of a gift, could be for love and affection, or a nominal consideration of a small amount and other valuable consideration.To grant title, the grantor must have at least a vested interest, which is either a present interest in the land, or a future interest. There must be a granting clause expressing conveyance, with the intention to convey title, and the type of ownership, such as a fee simple or life estate, for instance.If the title is being transferred to more than 1 person, then the form of ownership must be specified, such as joint tenancy or tenancy in common. There must be enough information in the deed to identify the grantee with reasonable certainty.For example, Marilyn Smith, formerly Marilyn Miller. The grantor's name must be spelled correctly, and include any past names, such as a maiden name. However, if the grantor is declared legally incompetent, then the title transfer is void, in which case, a title transfer requires court approval. If a deed is executed by a minor, or if the grantor is mentally incompetent, title transfer may be voidable, but is not void. The grantor must have legal capacity, meaning the grantor is of sound mind and lawful age - in most states, the minimum age is 18.The grantor, the original owner of the land conveys his interest to the grantee, the recipient of the title.įor a deed to be valid, it must meet the following requirements: The statute of frauds requires that the deed be in writing. The deed is a written document that conveys transfer of title in real estate. Voluntary alienation, either as a sale or a gift, must be executed by the use of a deed to transfer title. If the owner of the real estate is still alive, then the conveyance is achieved by executing a deed to convey title otherwise, title is conveyed through a will, and will be subject to probate. Voluntary alienation is the legal term for the voluntary conveyance of title.
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