deed

A conveyance of realty; a writing signed by grantor, whereby title to realty is transferred from one to another. National Fire Ins. Co. v. Patterson, 170 Okl. 593, 41 P.2d 645, 647.

A written instrument, signed, and delivered, by which one person conveys land, tenements, or hereditaments to another.

At common law, a sealed instrument, containing a contract or covenant, delivered by the party to be bound thereby, and accepted by the party to whom the contract or covenant runs. 2 Bl.Comm. 295.

A writing under seal by which lands, tenements, or hereditaments are conveyed for an estate not less than freehold. 2 Bl. Comm. 294.

It is no longer necessary that the instrument be sealed.

See also ancient deed

- bargain and sale deed

- contract for deed

- quitclaim deed

- sheriff's deed

- special warranty deed

- tax deed

- trust (trust deed)

- warranty deed

- deed absolute

- deed for a nominal sum

- deed indented (indenture)

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The final and absolute transfer of a deed, properly executed, to the grantee, or to some person for his use, in such manner that it cannot be recalled by the grantor. Controlling factor in determining if there has been delivery of a deed is the intention of the grantor; to constitute "delivery" the deed must be placed in the hands of the grantee or within his control, with the intention that it is to become presently operative as a conveyance. Jones v. Young, 539 S.W.2d 901, 904

@ deed absolute

Deed which conveys absolute title as contrasted with mortgage deed which is defeasible on fulfillment of mortgage conditions

@ deed for a nominal sum

In effect the same as a deed of gift. Bertelsen v. Bertelson, 49 Cal.App.2d 479, 122 P.2d 130, 133

@ deed indented

@ deed indented, or indenture

deed indented, or indenture

In common-law conveyancing, a deed executed or purporting to be executed in parts, between two or more parties, and distinguished by having the edge of the paper or parchment on which it is written indented or cut at the top in a particular manner. This was formerly done at the top or side, in a line resembling the teeth of a saw; a formality derived from the ancient practice of dividing chirographs; but the cutting is now made either in a waving line, or more commonly by notching or nicking the paper at the edge. 2 Bl.Comm. 295, 296

@ deed in fee

A deed conveying the title to land in fee simple with the usual covenants

@ deed of covenant

Covenants are sometimes entered into by a separate deed, for title, or for the indemnity of a purchaser or mortgagee, or for the production of title-deeds. A covenant with a penalty is sometimes taken for the payment of a debt, instead of a bond with a condition, but the legal remedy is the same in either case

@ deed of distribution

Deed of fiduciary by which real estate of decedent is conveyed

@ deed of gift

A deed executed and delivered without consideration

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- deed of release

@ deed of separation

An instrument by which, through the medium of some third person acting as trustee, provision is made by a husband for separation from his wife and for her separate maintenance

@ deed of settlement

A deed formerly used in England for the formation of joint stock companies constituting certain persons trustees of the partnership property and containing regulations for the management of its private affairs. They are now regulated by articles of association

@ deed of trust

An instrument in use in some states, taking the place and serving the uses of a mortgage, by which the legal title to real property is placed in one or more trustees, to secure the repayment of a sum of money or the performance of other conditions. Though differing in form from mortgage, it is essentially a security. In re Title Guaranty Trust Co., Mo.App., 113 S.W.2d 1053, 1057.

See also mortgage

- Potomac mortgages

- trust (trust deed)

@ deed poll

A deed which is made by one party only. A deed in which only the party making it executes it or binds himself by it as a deed. It was originally so called because the edge of the paper or parchment was polled or cut in a straight line, wherein it was distinguished from a deed indented or indenture. As to a special use of this term in Pennsylvania in colonial times, see Herron v. Dater, 120 U.S. 464, 7 S.Ct. 620, 624, 30 L.Ed. 748 (citing Evans v. Patterson, 71 U.S. 224, 4 Wall. 224, 18 L.Ed. 393)

@ deed to lead uses

A common law deed made before a fine or common recovery, to show the object thereof

@ defeasible deed

A deed containing a condition subsequent the happening of which will cause title to the property to revert to the grantor or to go to some third party.

@ gratuitous deed

One made without consideration.

See deed of gift above.

@ statutory deed

A warranty deed form prescribed by state statute. By statute in such states there are certain warranties and covenants that are legally regarded as being a part of all statutory deeds, although such are not included in the printed form.

@ wild deed

A deed not in the chain of title. An instrument which is recorded but, because some previous instrument connecting it to the chain of title has not been recorded, will never be discovered in the indexes.

@ deed, estoppel by

@ estoppel by deed

"Estoppel by deed" is a bar which precludes one party to a deed and his privies from asserting as against the other party and his privies any right or title in derogation of the deed or from denying the truth of any material facts asserted in it. Denny v. Wilson County, 198 Tenn. 677, 281 S.W.2d 671, 675.

Such estoppel precludes a party from denying a certain fact recited in deed executed or accepted by him in an action brought on the deed by party who would be detrimentally affected by such denial. Cleveland Boat Service v. City of Cleveland, 102 Ohio App. 255, 130 N.E.2d 421, 425

+ estoppel by deed

A grantor in a warranty deed who does not have title at the time of the conveyance but who subsequently acquires title is estopped from denying that he had title at the time of the transfer and such after-acquired title inures to the benefit of the grantee or his successors.

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