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Chapter 10 Summary
Deeds
Voluntary alienation is an unforced transfer of title by sale or gift from an owner to another party. Involuntary
alienation is a transfer of title to real property without the owner's consent.
DEEDS
• Grantor - The person who transfers the title to real property.
• Grantee - The person who receives the property from the grantor.
• Act of conveyance - Expresses the grantor's present desire and intention to transfer legal title to the
grantee (granting clause).
• Consideration - Valuable or good consideration.
• Legal description - Accurately locates and identifies the boundaries of the subject parcel of property.
• Habendum clause - Describes the type of estate being conveyed.
• Designation of limitations - Limitations spelled out in the deed.
• Exemptions and reservations affecting the title - A "subject to" clause.
• Signature of the grantor - Must be signed by the grantor, but not necessarily by the grantee.
• Delivery and acceptance of the deed - Necessary for title to pass.
• Acknowledgement - A deed without an acknowledgement tends to endanger a person's claim to a
property.
• Recording - Not necessary, but gives the public constructive notice of the grantee's ownership.
LEGAL DESCRIPTIONS
A legal description provides accuracy and consistency over time. It is required for:
• Public recording
• Creating a valid deed of conveyance or lease
• Completing mortgage documents
• Executing and recording other legal documents
Metes and Bounds
• Identifies the boundaries of a parcel of real estate using reference points, distances, and angles. The
description always identifies an enclosed area by starting at and returning to the POB.
