Five parts of a DeedMany people are confused by the perplexing writing they see on a deed, and often sign deeds without fully knowing what they are receiving. The five basic parts of a deed are:
- Grant clause - shows the name of the deed recipient, a description of the land to be transferred, and the price paid for the deed. Read over this carefully and confirm that all of the information is correct.
- Habendum clause - describes the type of property interest that is transferred. Look for special words such as "to have and to hold" and that the type of estate is really the one you are trying to purchase.
- Warranty clause - lists the type of title assurance provided by the grantor. If necessary, ask the real estate agent for help and try to push for full assurances that the grantor will clear any and all challenges to title at any time.
- Execution clause - displays the signature of the grantor and the date showing that the transfer is valid. Be sure the date is legible.
- Acknowledgement clause - displays the signature of any witnesses and the grantee.
Do I Need an Attorney to Review the Deed?Deed language can be complicated and very intimidating. It is a good idea to have an attorney review the deed to confirm that all of the relevant parts are there and that the deed can be enforced by a court of law.
Real estate agents are salespeople and often do not have the expertise to confirm that your deed will survive a challenge in court. An experienced real estate attorney can review the deed and check for encumbrances on the title, and possibly push for more rights and insurance from the real estate company. |
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