JURISDICTIONARY

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Deed Acceptance

A contract (Deed) must be offered and accepted. If you never signed in acceptance and acknowledgment of the Deed (contract) the contract is incomplete and your rights in the contract are not secured. You are in possession of the land but not the rights to ownership of the land until you accept the contract. The Maxim of Law is “He that gives never ceases to possess until he that receives begins to possess.” You receive possession of the legal/equitable title rights to ownership of the land by signing in acceptance and acknowledgment of the deed contract.

A conveyance of real estate is a transfer of real estate from one person to another. A deed is one form of conveyance, transferring a title to real estate from one person to another. Title means ownership of real estate. The person transferring title is known as the “grantor” and the person receiving the title is known as the “grantee.” There are several types of deeds. One form of deed is a warranty deed.

A conveyance of real estate is a transfer of real estate from one person to another. A deed is one form of conveyance, transferring a title to real estate from one person to another. Title means ownership of real estate. The person transferring title is known as the “grantor” and the person receiving the title is known as the “grantee.” There are several types of deeds. One form of deed is a warranty deed. A warranty deed is a deed which warrants good and clear title to the real estate transferred. In many states, it often includes some or all of the following covenants: seisin, quiet enjoyment, right to convey, freedom from encumbrances and defense of title against all claims. Covenant of seisin is an agreement, contract, or promise that the grantor possesses a quantity and quality of land described in the deed or other conveyance. The covenant of quiet enjoyment is an agreement, contract or promise that the grantee to a deed or other conveyance will have the land in peace and without disturbance from other persons with hostile claims to the land. A covenant of right to convey is an agreement, contract or promise that the grantor has a right to transfer title to the land. The covenant against encumbrances is an agreement, contract, or promise that there are no encumbrances against the land described in the deed or conveyance. An encumbrance is a claim by another person against the land. One example of an encumbrance is a mortgage or other lien against the real estate. The covenant of defense of title against all other claims means that the grantor will defend the grantee should other persons or entities make hostile claim against the grantee’s title to real estate which arise from events occurring prior to the transfer of title.

A warranty deed must be in writing and must be signed by the grantor. It must be recorded to put third persons, such as creditors and subsequent purchasers, on notice as to the transfer.

All other warranties or covenants must be expressly stated to be included in the deed.

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