R
Ramon
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Traditionally and under common law, to be valid and enforceable, a deed must fulfill several requirements:
It must state on its face it is a deed, using wording like "This Deed..." or "executed as a deed".
It must indicate that the instrument itself conveys some privilege or thing to someone. This is indicated by using the word hereby or the phrase by these presents in the clause indicating the gift.
The grantor must have the legal ability to grant the thing or privilege.
The grantee must have the legal capacity to receive it.
It must be executed by the grantor in presence of the prescribed number of witnesses, known as instrumentary witnesses (this is known as being in solemn form) or be notarized.
A seal must be affixed to it. Originally, affixing seals made persons parties to the deed and signatures were optional, but most jurisdictions made seals outdated, and now the grantor and either witnesses signatures or notarization are primary.
It must be delivered to (delivery) and accepted by the grantee (acceptance).
It should be properly acknowledged before a competent officer, most often a notary public.[4]
Conditions attached to the acceptance of a deed are known as covenants. A deed indented or indenture is one executed in two or more parts according to the number of parties, which were formerly separated by cutting in a curved or indented line known as the chirograph.[5] A deed poll is one executed in one part, by one party, having the edge polled or cut even, and includes simple grants and appointments.
-information taken from wikipedia.
It must state on its face it is a deed, using wording like "This Deed..." or "executed as a deed".
It must indicate that the instrument itself conveys some privilege or thing to someone. This is indicated by using the word hereby or the phrase by these presents in the clause indicating the gift.
The grantor must have the legal ability to grant the thing or privilege.
The grantee must have the legal capacity to receive it.
It must be executed by the grantor in presence of the prescribed number of witnesses, known as instrumentary witnesses (this is known as being in solemn form) or be notarized.
A seal must be affixed to it. Originally, affixing seals made persons parties to the deed and signatures were optional, but most jurisdictions made seals outdated, and now the grantor and either witnesses signatures or notarization are primary.
It must be delivered to (delivery) and accepted by the grantee (acceptance).
It should be properly acknowledged before a competent officer, most often a notary public.[4]
Conditions attached to the acceptance of a deed are known as covenants. A deed indented or indenture is one executed in two or more parts according to the number of parties, which were formerly separated by cutting in a curved or indented line known as the chirograph.[5] A deed poll is one executed in one part, by one party, having the edge polled or cut even, and includes simple grants and appointments.
-information taken from wikipedia.