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Tuesday 27 October 2015

Deed of Conveyance

A deed of conveyance is a signed legal document that shows a title or deed has been transferred. It is used to prove ownership in a piece of property. A deed of conveyance is signed, witnessed, and notarized by the seller and the buyer as well as anyone else with a vested interest in the property being transferred. To thoroughly understand a deed of conveyance, it can be split into two parts: the deed and the conveyance.

The Deed

When property is transferred, a deed is signed by all involved parties. This is considered an enforceable contract between the parties and is a legal document. There are a variety of deeds, including a trust, partition, lease, partnership, gift, assignment, exchange, settlement, appointment, charge, mortgage, transfer of mortgage and release deed or otherwise according to the nature of the transaction intended to be effected. A deed is different from a contract. On a contract for sale of land, the contract is not binding on the parties until they have exchanged their parts. But a deed is binding on the maker even though the parts have not been exchanged, as long as it has been delivered.

Conveyance

A deed of conveyance transfers, or conveys, a specified interest in property. For a deed of conveyance to be legal, it must be delivered to the party receiving the property. In some areas, it must also be recorded with the registrar of titles or local land registry. A deed of conveyance generally transfers only what the former owner has a true and legal vested interest in.

What a Deed of Conveyance Contains

There are a number of specific things a deed of conveyance must have to be legal, including:
  • Complete identification of the property transferred, including its boundaries
  • Signatures of both the buyer and the seller of the property
  • The root of title or the right to the current owner
  • A list of conditions that apply to the transfer of ownership, if any
  • A “memo of consideration,” which outlines how the property is being received
  • Delivery to the buyer

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