Conveyance (Deeds - Form and Content (Formalities (Statute of frauds -…
Deeds - Form and Content
Statute of frauds - must be in writing
Description of land and party must not be ambiguous.
signed by the grantor
words of intent
Description of land conveyed
survey, metes and bonds, course and angles, recorded plat, adjacent property, name of property, street and number system
Parole evidence admissible
Delivery and acceptance
grantors intent; by words or conduct
Covenants for title and estoppel by deed
general warranty deed
covenant of seisin
covenant against encumbrances
right to convey
covenant for quiet enjoyment
covenant of warranty
covenant for further assurances
no implied warranties or covenants.
special warranty deed
quit claim deed
Doctrine of Equitable conversion
after K is signed, each party is entitled to specific performances.
Risk of loss is on the buyer
Passage of title on death
Death of seller - legal title passes to the takers of his real property, they must give up the title to the buyer when K closes.
Death of Buyer - taker of his real property can demand a conveyance of the land at the closing of the K.
deed must be acknowledge by the grantor before a notary public.
3 types of recordings
a subsequent BFP is protected only if she records before the prior grantee.
Deed recored late
Marketable Title - unencumbered fee simple with good record title.
Defects in record chain of title
Remedy if title not marketable
rescission, damages, specific performance
rescission, damages, specific performance.
Remedies for Breac of the Sales K
Warranty of Fitness for Quality - new constructions only
Remedies for breach of the sales K