FREE BOOKS

Author's List




PREV.   NEXT  
|<   103   104   105   106   107   108   109   110   111   112   113   114   115   116   117   118   119   120   121   122   123   124   125   126   127  
128   129   130   131   >>  
ser should require of the seller evidence that the title to the land is straight and clear; if not, exactly what the defects are. This is done through an abstract of title, which should be prepared by a competent lawyer. This is not an official document, and its value depends largely upon the ability and watchfulness of the party making the abstract. Ownership of land is conveyed by means of a deed. A deed is an instrument conveying at least a life interest in the land. Care should be taken that the deed contains the essential parts and that it is properly executed. DEEDS Deeds are of two kinds: Quit claim deeds, which convey all the rights, title and interest which the seller has in the land, but does not warrant the title; and warranty deeds, which, in addition to what a quit claim does, contain covenants which agree that the seller and his heirs, etc., shall warrant and defend the title to the purchaser against the lawful claims of all persons. THE REQUISITES OF A DEED The requisites of a deed are: The parties to the deed, the consideration, the description; and with a warranty deed, the covenants. The seller must be of full age, sound mind and if married his wife should always join in the deed. Her name should appear following his at the beginning of the instrument. She should sign and acknowledge the deed, and the certificate of acknowledgment should state that she is the wife of the seller. If the seller is a married woman, her husband does not need to join in the sale of her own property. It is customary to state the consideration upon which the deed is given, but this is not necessary, nor will a false statement as to the amount paid invalidate the deed. The description of the land conveyed should be as minute and careful as possible, and preferably in the exact language of former deeds. In case former description is in error, it should be referred to and correct description given. Where land is conveyed by metes and bounds, this description governs, although it may not convey the number of acres of land stated. In describing boundaries the location of monuments takes precedence of distances mentioned. EXECUTION OF THE DEED A deed must be signed, witnessed, acknowledged, delivered and recorded. In some states deeds must be sealed, but in other states the law has dispensed with this formality. Witnesses to deeds are not
PREV.   NEXT  
|<   103   104   105   106   107   108   109   110   111   112   113   114   115   116   117   118   119   120   121   122   123   124   125   126   127  
128   129   130   131   >>  



Top keywords:

seller

 

description

 

conveyed

 

instrument

 

warrant

 

warranty

 

covenants

 

convey

 
interest
 

states


abstract
 

married

 

consideration

 
certificate
 

invalidate

 
acknowledgment
 
husband
 

property

 

minute

 

statement


customary

 

amount

 
EXECUTION
 

signed

 
witnessed
 

mentioned

 

distances

 

monuments

 
precedence
 

acknowledged


delivered

 

dispensed

 

formality

 

Witnesses

 

recorded

 

sealed

 

location

 

boundaries

 
referred
 
correct

language

 

preferably

 

acknowledge

 

stated

 

describing

 

number

 

bounds

 

governs

 

careful

 

persons