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Understanding Deeds: A Legal Guide to Real Estate Transfer

 
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Deed

Deed, in law, a written and signed statement by which one person sells or gives real estate to another. Originally a deed was any kind of written contract or agreement under legal seal.

Deeds should be clearly written but need not follow any particular wording. The deed must name the parties involved in the transaction; define and describe the property; mention consideration (payment), if any; and give the date when the agreement becomes effective. In a warranty deed the seller states that he or she is transferring a clear title to the property and guarantees to make good any flaw that may be found. (A clear title is one against which there are no claims, such as unpaid taxes or disputes of ownership. If such a claim does exist, the title has a flaw.) In a quitclaim deed the seller transfers the title as is; there is no guarantee and the title may or may not be clear.

Most states require that a deed must have a seal, which is an impression or design stamped on or attached to the document to show that it is authentic. Usually the signing of a deed must be witnessed by a public officer, such as a notary public or commissioner of deeds. The deed must be given by the seller or the seller's agent to the buyer or the buyer's agent. Deeds are usually recorded by a public officer called a recorder or register of deeds. Recording is not required, but the buyer should make sure it is done for his or her own protection.