Grantee recipient of real property buyer only

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Grantee: recipient of real property (buyer); only requirement is that they must beidentifiable (have legal identity). Ex: you can’t pass down your house to your pet whenyou die, and the “tree that owns itself” doesn’t actually own itself because it doesn’t havea legal identityRecital of Consideration: not required in most cases but almost always thereDoes not have to reveal the actual purchase price“For 10 dollars and other goods and valuable consideration…” or “For love andother good and valuable consideration…”Words of Conveyance:“I, the grantor, do hereby grant, bargain, sell and convey unto the grantee…”Two functions: Confirms that it is the grantor’s intention to convey real property tothe grantee, AND defines the type of deedCovenants: promises the grantor makes to grantee; determine “quality” of deed- howmuch protection does grantee have if something goes wrong with the titleExamples of what could go wrong: deed is lost, unknown liens/easements, aslong as they are HONEST mistakes
Primary covenants:1.Covenant of seizin: promise that the grantor has good title and the right toconvey it2.Covenant against encumbrances: promise that there are noencumbrances (liens, easements, etc.) other than those already stated3.Covenant of quiet enjoyment: promise that there is no one with a superiorclaim to the property that could come and disrupt you living thereHabendum Clause: is required; defines what is actually being conveyed“For use as” implies easement“So long as” implies fee simple conditional“And his/her heirs and assigns forever” implies fee simple absoluteExceptions and Reservations Clause: part of the deed where grantor would create deedrestrictions, easements by express reservation, and withhold mineral rights, timberrights, etc. from the conveyanceLegal Description of the Land: must be unambiguous and enduringUnambiguous: very fine detail to where lot begins and endsEnduring: must be able to return a long time later and still be able to determinewhere lot begins and endsAcknowledgement: evidence that the grantor acted voluntarily in transactionsNotarizedWitness signatureDelivery of the Deed: observable, verifiable intent that the deed is to be given to thegranteeShould look like this: Grantor sits at one side of the table and signs the deed andthen passes it to the grantee who is sitting at the other end of the tableCan be tricky if the grantor is being represented by someone elseDeed cannot just be found and passed along or passed along without instructionto do soTypes of Deeds:General Warranty: highest quality deed; includes all covenantsSpecial Warranty: includes all 3 covenants but takes only responsibility for actions takenwhile this particular owner owned the house (nothing before)Deed of bargain and sale: no covenants, ownership is implied, implies that property isbeing conveyed, this is just doing the bare minimum to sell a property. Ex: Large

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Term
Fall
Professor
Martin
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