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
|