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11 Cards in this Set
- Front
- Back
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Three Types of Deeds
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Quitclaim Deed:
Special Warranty Deed (aka Limited Warranty Deed) General Warranty Deed |
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Quitclaim Deed
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Passes to the grantee all right, title and interest of the grantor described in the deed.
Contains no implied warranties of title. Customary language (must not) “remise, release and forever quitclaim.” |
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Special Warranty Deed (aka Limited Warranty Deed)
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Contains warranties of title against the grantor and his heirs and all persons claiming under him or them.
Passes to the grantee the fee simple title or the whole estate or interest which the grantor could lawfully convey. Customary Language: “Grant and convey” 25 Del.C. §121. (Note: the common law requirement that in order to convey fee title, the deed must specify grantee “and his heirs” no longer exists.) NOTE: A deed in the form prescribed by 25 Del.C. §121 passes to the grantee the fee simple title to the property described therein together with the “tenements, hereditaments, franchises and appurtenances thereunto belonging; and the reversions and remainders, rents, issues and profits thereof.” |
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Special Warranty Deed (Wrinkles)
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Indiana Harbor, Inc. v. Sea and Pines: It contains no warranty against a claim of paramount title by a person who did not obtain the title by the grantor. In this case, there was no breach of warranty of title where grantor’s deed included a 15 foot wide strip of land that grantor did not own and never had owned.
State v. Regency Group, Inc.: A grantee’s notice, even actual, does not defeat an action for breach of covenant of warranty of title. In this case, grantor breached the warranty of title where grantor’s deed described land previously conveyed by grantor by a recorded deed of which grantee had constructive notice. |
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General Warranty Deed
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Contains warranties of title against all persons whomsoever.
Rarely used in DE No language, but parties must clearly specify their intentions to make a general warranty deed. Example: |
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Criteria for Enforceability of Deed
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1. Be in writing (SoF)
2. Describe with specificity the property conveyed* 3. Specify the names of the grantor(s) and grantee(s) 4. Be signed 5. Be acknowledged* 6. Be delivered* 7. Be executed “under seal” (not any more)* NOTE: The common law rule requiring technical words of inheritance (“and his heirs”) has been abolished in Delaware. Pursuant to 25 Del. C. §121, the words “grant and convey” convey a fee simple interest. |
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Criteria for Enforceability of Deed 2.) Describe with specificity the property conveyed*
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Under DE law there is no requirement of meets and bounds meaning that one need not describe the property conveyed in the form of a surveyor's report.
Example: the forth house from the left on Smith street. |
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Criteria for Enforceability of Deed 5.) Be Acknowledged*
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Black’s Law Dictionary defines an acknowledgment as a “formal declaration made in the presence of an authorized officer, such as a notary public, by someone who signs a document and confirms that this signature is authentic.” Quoted in Borders v. Townsend Associates.
“Generally, the purpose of requiring that a party to an agreement acknowledge his signature before a notary is to provide a level of certainty that the signature itself is authentic…” Therefore, the failure to satisfy the requirement that a signature be acknowledged before a notary ought not to be relevant in a case in which the authenticity of a signature is accepted.” Potter v. Haley. 25 Del. C. §132 cures defective acknowledgment in recorded instruments. |
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Criteria for Enforceability of Deed 5.) Be Acknowledged* (Examples and Wrinkles)
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A mortgage modification agreement that was acknowledged by the parties thereto outside the presence of a notary is valid. Borders v. Townsend.
A deed that was acknowledged in Pennsylvania by a Delaware notarial officer is valid. Hamilton v. Faline. An amendment to deed restrictions signed by lot owners outside the presence of the notary is valid. DiSabatino v. Wawaset Park Maintenance Corp. An amendment to a condominium declaration signed outside the presence of the notary was valid. Potter v. Haley. |
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Criteria for Enforceability of Deed 6.) Be Delivered*
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Need not actual delivery, constructive notice works??? Make sure
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Criteria for Enforceability of Deed 7.) Be Executed Under Seal*
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Deeds no longer need to be executed under seal to be valid. 25 Del. C. §131. Deeds and other real estate conveyances are presumed to be “executed under seal” (sometimes only need to print the word seal on the document).
If “executed under seal” the statute of limitations goes from 3 years to 20 years. |
