What is known as a deed of conveyance, is also known as a “deed”, and is a lawful document that administers lawful ownership of real property and is necessary to transfer property from one person to another. For it to be valid, a deed must conform to particular legal rules that are required by the real property law in a jurisdiction.
The law requires that a deed must be signed by the purchaser and the seller of the property before witnesses or a notary, delivered, and then recorded in the local land registry for the transfer of interest to be valid by law.
English Common Law
- The importance of the private ownership of property in jurisdictions with legal systems based upon English common law, has made the making of a deed into an essential instrument to establish who has the lawful title to any piece of land.
- A deed of conveyance works similar to a contract, in that the form of the instrument will decide if it is valid and legally valid or not.
- Someone who uses a deed to transfer property from one to another, must follow the necessary legal steps of the deed to satisfy every requirement under the law, so as to ensure the validity of the transfer.
Getting it Legally Written Down
A deed of conveyance can be either handwritten or typed, created ad hoc or by professional property lawyers in London, and at all times the deed must stick to certain conventional formalities. The document has to have the word “deed” in the title, and it also must state that it conveys an interest in the property. Anybody who is transferring any property must have the lawful right to do so, and he or she who is receiving it, has to be fully and legally competent.
Both parties have to sign the document, (naturally not at the very same time), and both signatures must be witnessed and certified. The deed must then be delivered to the receiving party, then accepted, and then recorded with the local land registry so as to satisfy the contractual requirement of mutual assent.
Traditionally, a deed can contain some specific warranties and covenants that will define what is being transferred from one party to the other.
- A deed of conveyance that aims at transferring only what the owner really owns, with no warranties regarding title, is known as a “quitclaim deed”.
- Whilst a deed where the owner makes particular representations that the title to the property is clear, is called a “general warranty deed”.
Any covenants included in the deed, can limit the promises made by the owner in some respect, and may address any kind of issues relating to the property.
In your best interests, should you be in the process of dealing with any issues mentioned in the above, and you are unaware of the law, you really should contact and consult with people who do.