o signed, and attested by one or
two witnesses. The details of a conveyance in any particular case depend
upon the subject-matter and terms of the sale, and the state of the
title as appearing by the abstract. The framework, however, of an
ordinary purchase-deed consists of (1) the date and parties, (2) the
recitals, (3) the testatum or witnessing-part, containing the statement
of the consideration for the sale, the words incorporating covenants for
title and the operative words, (4) the parcels or description of the
property, (5) the habendum, showing the estate or interest to be taken
by the purchaser, and (6) any provisos or covenants that may be
required. A few words will illustrate the object and effect of these
component parts.
(1) The parties are the persons from whom the property, or some estate
or interest in or in relation to it, is to pass to the purchaser, or
whose concurrence is rendered necessary by the state of the title in
order to give the purchaser the full benefit of his contract and to
complete it according to law. It is often necessary that other persons
besides the actual vendor should join in the conveyance, e.g. a
mortgagee who is to be paid off and convey his estate, a trustee of an
outstanding legal estate, a person entitled to some charge or
restriction who is to release it, or trustees who are to receive the
purchase-money where a limited owner is selling under a power (e.g. a
tenant for life under the power given by the Settled Land Act 1882).
Parties are described by their names, addresses and occupations or
titles, each person with a separate interest, or filling a distinct
character, being of a separate part. (2) The recitals explain the
circumstances of the title, the interests of the parties in relation to
the property, and the agreement or object intended to be carried into
effect by the conveyance. Where the sale is by an absolute owner there
is no need for recitals, and they are frequently dispensed with; but
where there are several parties occupying different positions, recitals
in chronological order of the instruments and facts giving rise to their
connexion with the property are generally necessary in order to make the
deed intelligible. (3) It is usual to mention the consideration. Where
it consists of money the statement of its payment is followed by an
acknowledgment, in a parenthesis, of its receipt, which, in deeds
executed since the Conveyancing Act 1881, dispenses with an
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