What is a deed? Kiritsis Law Group 212 922 0005

May 13, 2021

By: John Kiritsis, Esq., CPA, MBA, MS, JD, LL.M

Generally, it refers to a written document used to convey real property. Typically, this is achieved by having the document signed, executed, acknowledged, delivered to the grantee, and recorded with land records. It important to note, that upon proper and valid recordation, the written document (original) is not needed in any future title conveyances. A deed is different than an agreement. A deed usually needs to be signed by one party, while an agreement usually needs to be signed by two parties. Also, due to the major public policies of promoting the free alienability of property and avoiding fraud, a proper deed usually must meet more formalities that a proper agreement. In addition, it is important to keep in mind that recorded deed does not necessarily prove lawful and/or superior title rights. For example, a wild deed is a deed that is recorded with the land records, but it is out of order (not connected) to the chain of title, and thus often fails to provide sufficient notice to subsequent buyers. Although, there may be mechanism to transfer real property without a deed, they are usually very complicated and/or could generate other potential legal pitfalls.

 

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