Buying a house can be a complicated and intimidating process, especially if you are not very familiar with how it works. If you are thinking of buying a house, you’ll want to know as much as possible about your home’s deed.
What is a Property Deed?
According to Investopedia, a property deed “is a written and signed legal instrument that is used to transfer ownership of real property from the old owner (the grantor) to the new owner (the grantee).” A fun fact to know is that originally, a deed was legally transferred by a “”livery of seisin”, a ceremonial act in which the person transferring the land handed a twig or clod of turf from that land to the other person.
Elements of a Deed
The elements of a deed vary by state, but there are certain things that all of them have to include to be legally valid:
- It needs to be in writing. Although there is not an official form that needs to be used for the deed to be legal, it must be in written form.
- Grantor and grantee requirements:
- Grantors are the people selling the property. A grantee is a person receiving the property.
- The grantor and grantee must have the capacity to transfer and receive property. This means that they need to be legally capable of making a contract.
- They must be identified to be determined with certainty or ascertained.
- The property needs to be described truthfully and adequately.
- The correct legal language to transfer the property must be used.
- The deed must be signed by all the people that own the property.
- The deed has to be legally delivered and accepted by the grantee.
If you are purchasing a property, make sure that your deed includes all these necessary elements. Omitting these might compromise the validity of the deed and your ability to prove your ownership of your property.
What is the Importance of a Deed?
A deed proves your ownership of a property. It is by falsifying your deed that scammers are able to steal your property. Making sure that your deed is legally valid is the first step to protect yourself against property fraud.
If you want to discuss your home’s deed and learn more about how to protect yourself against home title fraud, you can contact us today.