Real Estate PL Topic - Requirements for a Valid Deed

Requirements for a Valid Deed

Although formal requirements vary, a valid deed generally must contain the following elements:

1. Grantor who has the legal competency to execute the deed
2. Grantee named with reasonable certainty to be identified
3. Statement of consideration (usually required for recording of the deed)
4. Granting clause (words of conveyance)
5. Habendum clause, which defines the ownership right received by the grantee
6. Accurate legal description of the property conveyed
7. Any relevant exceptions or reservations
8. Acknowledgment (notarization) of the signature of the grantor
9. Delivery of the deed and acceptance by the grantee to pass title

A deed may include a description of any limitations on the conveyance of a full fee simple estate and a statement of any exceptions and reservations (also known as “subject to” clauses) that affect title to the property.

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