Property law
Part of the common law series
Acquisition of property
Gift  · Adverse possession  · Deed
Lost, mislaid, or abandoned
Treasure trove
Alienation  · Bailment  · License
Estates in land
Allodial title  · Fee simple  · Fee tail
Life estate  · Defeasible estate
Future interest  · Concurrent estate
Leasehold estate  · Condominiums
Conveyancing of interests in land
Bona fide purchaser
Torrens title  · Strata title
Estoppel by deed  · Quitclaim deed
Mortgage  · Equitable conversion
Action to quiet title
Limiting control over future use
Restraint on alienation
Rule against perpetuities
Rule in Shelley's Case
Doctrine of worthier title
Nonpossessory interest in land
Easement  · Profit
Covenant running with the land
Equitable servitude
Related topics
Fixtures  · Waste  · Partition
Riparian water rights
Lateral and subjacent support
Assignment  · Nemo dat
Other areas of the common law
Contract law  · Tort law
Wills and trusts
Criminal Law  · Evidence

The orginal 1636 deed creating the State of Rhode Island signed by Native American Chief Canonicus to Roger Williams

A deed is a legal instrument used to grant a right. Property law is the area of Law that governs the various forms of Ownership in Real property (land as distinct from personal or movable possessions Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive A gift, in the Law of Property, has a very specific meaning In order for a Gift to be legally effective the grantor must have intended to give the gift In Common law, adverse possession is the process by which title to another's Real property is acquired without compensation, by as the name In the Common law of Property, personal belongings that have left the possession of their rightful owners without having directly entered the possession of another person are A treasure trove may broadly be defined as an amount of gold silver gemstones money jewellery or any valuable collection found hidden underground or in places such as cellars Alienation, in Property law, is the capacity for a piece of property or a property right to be sold or otherwise transferred from one party to another Bailment describes a legal relationship in Common law where physical possession of personal Property ( Chattels) is transferred from one person (the The verb license or grant license means to give permission The noun license is the document demonstrating that permission An estate is the Net worth of a person at any point in time It is the sum of a person's Assets - legal rights interests and entitlements to Property of Allodial title is a concept in some systems of property law It describes a situation where Real property ( Land, Buildings and Fixtures) is owned Fee simple is an estate in land in Common law. It is the most common way Real estate is owned in common law countries and is ordinarily the most Fee tail or entail is an obsolete term of art in Common law. It describes an estate of Inheritance in Real property which cannot A life estate is a concept used in Common law and Statutory law to designate the ownership of land for the duration of a person's life A defeasible estate is created when a grantor transfers land conditionally In Property law and Real estate, a future interest is a legal right to property ownership that does not include the right to present possession or enjoyment of A concurrent estate or co-tenancy is a concept in Property law, particularly derived from the Common law of Real property, which describes A condominium, or condo, is a form of Housing tenure and other Real property where a specified part of a piece of real estate (usually of an apartment In law conveyancing is the transfer of title of Property from one person to another or the granting of an Encumbrance such as a Mortgage or A bona fide purchaser ( BFP) referred to more completely as a bona fide purchaser for value without notice is a term used in the Law of Real property Torrens title is a system of land title where a register of land holdings maintained by the state guarantees an indefeasible title to those included in the register Strata title is a form of ownership devised for multi-level apartment blocks. Estoppel by Deed - A doctrine where rules of evidence prevent a litigant from denying the truth of what was said or done A quitclaim deed is a term used to describe a document by which a person (the "grantor" disclaims any interest the Grantor may have in a piece of Real property A mortgage is the pledging of a property to a Lender as a security for a Mortgage loan. Equitable conversion is a doctrine of the Law of Real property under which a purchaser of real property becomes the equitable owner of title to the property at the An action to quiet title is a Lawsuit brought in a Court having Jurisdiction over land disputes in order to establish a party's title to Real property In Property law and Real estate, a future interest is a legal right to property ownership that does not include the right to present possession or enjoyment of A restraint on alienation, in the Law of Real property, is a clause used in the conveyance of real property that seeks to prohibit the recipient from selling The rule against perpetuities is a rule of law in effect under the property, Trusts, Estate, and Contract law of many Common law The Rule in Shelley's Case is a rule of law that may apply to certain Future interests in Real property and Trusts created in Common law jurisdictions In the Common law of England, the doctrine of worthier title was a legal doctrine that preferred taking title to Real estate by descent A nonpossessory interest in land is a term of the Law of Property to describe any of a category of rights held by one person to use land that is in the possession For railroad track easement see Track transition curve. An easement is the right or freedom to do something or the right to prevent Profit, but an entirely different meaning of the term analogous to an Easement. A covenant running with the land, is a Real covenant, in the Law of Real property. An equitable servitude is a term used in the Law of Real property to describe a Nonpossessory interest in land that operates much like a Covenant running In the law of real property fixtures are anything that would otherwise be a Chattel that have by reason of incorporation or affixation become permanently attached to Waste is a term used in the Law of Real property to describe a Cause of action that can be brought in Court to address a change in condition A partition is a term used in the Law of Real property to describe an act by a Court order or otherwise to divide up a Concurrent estate into Riparian Water rights (or simply riparian rights) is a system of allocating water among those who possess land about its source Lateral and subjacent support, in the Law of property, describes the right a landowner has to have that land physically supported in its natural state by both adjoining An assignment (Latin cessio) is a term used with similar meanings in the Law of Contracts and in the law of Real estate. Nemo dat quod non habet, literally meaning "no one give what one does not have" is a legal rule sometimes called the nemo dat rule that states that the purchase of A contract is an exchange of promises between two or more parties to do or refrain from doing an act which is enforceable in a court of law Tort law is the name given to a body of law that creates and provides remedies for civil wrongs that do not arise out of Contractual duties In Common law, a will or testament is a document by which a person (the Testator) regulates the rights of others over his or her Property The law of trusts and estates is generally considered the body of Law which governs the management of personal affairs and the Disposition of Property of The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different Jurisdictions whose common characteristic is the potential The Law of evidence governs the use of Testimony (eg oral or written statements such as an Affidavit) and exhibits (e Rhode Island ( officially named the State of Rhode Island and Providence Plantations, is a state in the New England region of the United States Canonicus (c 1565 &ndash 4 June 1647) was a Native American chief of the Narragansett. Roger Williams ( December 21, 1603 &ndash April 1, 1683) was an English theologian, a notable proponent of Religious Legal instrument is a legal Term of art that is used for any written legal document such as a Certificate, a Deed, a will A right is a legal or moral Entitlement or Permission. Rights are of vital importance in theories of Justice and deontological ethics Deeds are part of the broader category of documents under seal. Deeds can be described as contract-like, as they require the mutual agreement of more than one person. Deeds can therefore be distinguished from covenants, which being also under seal, are unilateral promises. A covenant, in its most general sense is a solemn promise to engage in or refrain from a specified action The deed is best known as the method of transferring title to real estate from one person to another, often using a description of its "metes and bounds. Title is a legal term for a bundle of rights in a piece of property in which a party may own either a legal interest or an equitable interest The rights Real estate is a legal term (in some jurisdictions notably in the USA, United Kingdom Metes and bounds is a system or method of describing land 'real' property (in contrast to personal property or Real estate. " However, by the general definition, powers of attorney, commissions, patents, and even diplomas conferring academic degrees are also deeds. A power of attorney (POA or letter of attorney in Common law systems or Mandate in civil law systems is an authorization to Letters patent are a type of Legal instrument in the form of an Open letter issued by a Monarch or Government, granting an office right A patent is a set of Exclusive rights granted by a State to an inventor or his assignee for a fixed period of time in exchange for a disclosure of an A diploma (from Greek δίπλωµα diploma, meaning "folded paper" is a Certificate or Deed issued by an educational institution A degree is any of a wide range of status levels conferred by institutions of Higher education, such as universities, normally as the result of successfully completing

Historically at common law, for an instrument to be a valid deed it needed six things:

• It must indicate that the instrument itself conveys some privilege or thing to someone. Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive This is indicated by using the word hereby or the phrase by these presents in the sentence indicating the gift.
• The grantor must have the legal ability to grant the thing or privilege.
• The person receiving the privilege or thing must have the legal capacity to receive it.
• A seal must be affixed to it. A seal can mean a wax seal bearing an impressed figure or an embossed figure in paper with the purpose of authenticating a document but the term can also mean any device for Most jurisdictions have eliminated this requirement and replaced it with the signature of the grantor. In Law, jurisdiction (from the Latin ius iuris meaning "law" and dicere meaning "to speak" is the practical Authority However, for conveyances of real estate, most jurisdictions require that the deed be acknowledged before a notary public or a civil law notary and some may require a witness or witnesses in addition. A notary public is an officer who can administer Oaths and Statutory Declarations Witness and authenticate documents Civil law notaries are trained Jurists who often receive the same training as advocating jurists &mdash those with a legal education who become litigators such as Barristers
• It must be delivered to and accepted by the recipient.
• There must be a witness that also signs the deed.

Conditions attached to the acceptance of a deed are known as covenants. A covenant, in its most general sense is a solemn promise to engage in or refrain from a specified action

Types of deeds

General warranty and special warranty

Main article Warranty deed

In the transfer of real estate, a deed conveys ownership from the old owner (the grantor) to the new owner (the grantee), and can include various warranties. A general warranty deed is a type of Deed where the Grantor (seller guarantees that he or she holds Clear title to a piece of Real estate In commercial and consumer transactions a warranty is an Obligation or guarantee that an article or service sold is as factually stated or legally The precise name of these warranties differ by jurisdiction. However the basic difference between them is the degree to which the grantor warrants the title. The grantor may give a general warranty of title against any claims, or the warranty may be limited only to claims which occurred after the grantor obtained the real estate. The latter type of deed is usually known as a special warranty deed. A general warranty deed is a type of Deed where the Grantor (seller guarantees that he or she holds Clear title to a piece of Real estate While a general warranty deed is normally used for residential real estate sales and transfers, special warranty deeds are more commonly used in commercial transactions.

Bargain and sale deed

Main article Bargain and sale deed

A third type of deed, known as a bargain and sale deed, implies that the grantor has the right to convey title but makes no warranties against encumbrances. A bargain and sale deed is in United States Real property law a Deed "conveying Real property without covenants" This type of deed is most commonly used by court officials or fiduciaries that hold the property by force of law rather than title, such as properties seized for unpaid taxes and sold at sheriff's sale, or an Executor. fiduciary duty is a legal relationship of confidence or trust between two or more parties most commonly a fiduciary or Trustee and a principal A sheriff's sale is an auction sale of property held by the Sheriff pursuant to a Writ ( Court order) of execution (to seize and sell the property to satisfy An executor, in the broadest sense is one who carries something out (in other words one who is responsible for executing a task

Quitclaim deed

Main article Quitclaim deed

A so-called quitclaim deed is (in most states) actually not a deed at all--it is actually an estoppel disclaiming rights of the person signing it to property. A quitclaim deed is a term used to describe a document by which a person (the "grantor" disclaims any interest the Grantor may have in a piece of Real property A quitclaim deed is a term used to describe a document by which a person (the "grantor" disclaims any interest the Grantor may have in a piece of Real property Estoppel is a legal doctrine recognized both at Common law and in equity in various forms

Deed of trust

In some jurisdictions, a deed of trust is used as an equivalent to a mortgage. In Common law legal systems a trust is an arrangement whereby Property (including real tangible and intangible is managed by one person (or persons or organizations A mortgage is the pledging of a property to a Lender as a security for a Mortgage loan. A trust deed isn’t like the other types of deeds; it’s not used to transfer property directly. It is commonly used in some states (California, for example) to transfer title to land to a “trustee,” usually a trust or title company, which holds the title as security ("in escrow") for a loan. Escrow is a legal arrangement in which an asset (such as Cash, Real property or other tangible assets is deposited into safekeeping (e When the loan is paid off, title is transferred to the borrower by recording a release of the obligation and the trustee's contingent ownership is extinguished. Otherwise (upon default), the trustee will liquidate the property (with a new deed) and offset the lender's loss with the proceeds.

Recording

Usually the transfer of ownership of real estate is registered at a cadastre in the United Kingdom. A cadastre (also spelled cadaster) is a comprehensive register of the Metes and bounds real property of a country and commonly includes details of The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom, the UK or Britain,is a Sovereign state located In most parts of the United States, deeds must be submitted to the Recorder of deeds, who acts as a cadastre, to be registered. Recorder of deeds refers to the government office tasked with maintaining a record of Real estate ownership as well as other Deeds that provide persons other than An unrecorded deed may be valid proof of ownership between the parties, but may have no effect upon third-party claims until disclosed or recorded. A local statute may prescribe a period beyond which unrecorded deeds become void as to third-parties, at least as to intervening acts.

Joint ownership

Ownership transfer may also be crafted within deeds to pass by demise, as where a property is held in concurrent estate such as "joint tenants with right of survivorship" (JTWROS), "tenants by the entirety", or as a life estate. A concurrent estate or co-tenancy is a concept in Property law, particularly derived from the Common law of Real property, which describes A life estate is a concept used in Common law and Statutory law to designate the ownership of land for the duration of a person's life In each case, the title to the property immediately and automatically vests in the named survivor(s) upon the death of the other tenant(s).

Pardons as deeds

In the United States of America, a pardon of the President was at one time considered to be a deed and thus needed to be accepted by the recipient. The United States of America —commonly referred to as the A pardon is the forgiveness of a crime and the penalty associated with it The President of the United States is the Head of state and Head of government of the United States and is the highest political official in United States by This made it impossible to grant a pardon posthumously. However, in the case of Henry Ossian Flipper, this view was altered when President Bill Clinton pardoned him in 1999. Henry Ossian Flipper ( March 21, 1856 &ndash May 3, 1940) was an American soldier and the first Black American Cadet William Jefferson "Bill" Clinton (born William Jefferson Blythe III, August 19 1946 served as the forty-second President of the United States Year 1999 ( MCMXCIX) was a Common year starting on Friday (link will display full 1999 Gregorian calendar)

Title Deeds

In the United kingdom, England and Wales operate a 'property register'. Title deeds are documents evidencing ownership and extent of a property, also sets out any rights or obligations that affect the property, also show whether there are any mortgages on the property. In more modern times (since 2000) compulsory registration has come into effect, all properties mortgaged or transferred since 2000 must become registered. The details of rights, obligations covenants and the like referred to in your deeds will be transferred to your register.

See also

• Deed poll
• Grant deed
• Quitclaim deed
• Warranty deed
• covenant