What is called a “deed of conveyance”, (also known as a “deed”), is specific legal documentation that statesthe ownership of any property. It is required when there is any transferringof property from one party to another. To make it legally valid, the deed must conform to specific lawswhich are deemed necessary by real property law in a jurisdiction.
- This law requires that a deed has to be signed by both the buyer and the seller of the property and in front of witnesses
- It must thenbe delivered, and then recorded in the local land registry for the transfer to be legally sound
The significance of private ownership of property in areas with legal systems that are based on English common law, makes a deed a necessary instrument to establish precisely who has the legal title to a piece of land.
The deed of conveyance actually works very much like a contract, in that it will determine whether it is indeed legally valid. People using a deed to transfer any property, mustfollowthe requiredlegal steps of the deed to meetevery requirement under the law, to ensure the validity of that transfer.
Matters ofTraditional Formalities
- A deeds of conveyance can be handwritten or typed out, made ad hoc or by legal conveyancers, and in all cases the deed must abide by specific traditional formalities.
- The document must have the word “deed” in its title, and state that it conveys an interest in the property.
- Professionals,Andrew Lee conveyancing solicitors should be consulted with to ensure that all legal affairs are carried out with expertise.
- Anyone who is transferring any property must have the lawful right to do so, and the receiver must be properly and legally qualified.
- Both parties have to sign the document, (but not at the very same time, if it’s not possible) and the writing of the signature will have to be witnessed and certified.
- The deed must then be transferred to the receiving person, accepted, andduly recorded in the local land registry to satisfy every legal requirement.
Typically, a deed mightincludesome specific warranties and covenants that have to plainly state exactlywhat is being transferred from one partyto the other. Any deed of conveyance which aims to transferonly what belongs to theowner, without any title warranties, is known as a quitclaim deed.
- If a deed where the owner has made certainrepresentations in which the title to the property is clear, it is commonly known as a general warranty deed
If you are at present in the process of dealing with any types of issues contained in the above, and are unaware of the legalities and how they operate under these conditions, you really should in your very best interests make contact and consult with people who expertly can.