Grantee recipient of real property buyer only

★ Grantee: recipient of real property (buyer); only requirement is that they must be
identifiable (have legal identity). Ex: you can’t pass down your house to your pet when
you die, and the “tree that owns itself” doesn’t actually own itself because it doesn’t have
a legal identity
★ Recital of Consideration: not required in most cases but almost always there
➔ Does not have to reveal the actual purchase price
➔ “For 10 dollars and other goods and valuable consideration…” or “For love and
other 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 to
the grantee, AND defines the type of deed
★ Covenants: promises the grantor makes to grantee; determine “quality” of deed- how
much protection does grantee have if something goes wrong with the title
➔ Examples of what could go wrong: deed is lost, unknown liens/easements, as
long as they are HONEST mistakes

➔ Primary covenants:
1. Covenant of seizin: promise that the grantor has good title and the right to
convey it
2. Covenant against encumbrances: promise that there are no
encumbrances (liens, easements, etc.) other than those already stated
3. Covenant of quiet enjoyment: promise that there is no one with a superior
claim to the property that could come and disrupt you living there
★ Habendum 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 absolute
★ Exceptions and Reservations Clause: part of the deed where grantor would create deed
restrictions, easements by express reservation, and withhold mineral rights, timber
rights, etc. from the conveyance
★ Legal Description of the Land: must be unambiguous and enduring
➔ Unambiguous: very fine detail to where lot begins and ends
➔ Enduring: must be able to return a long time later and still be able to determine
where lot begins and ends
★ Acknowledgement: evidence that the grantor acted voluntarily in transactions
➔ Notarized
➔ Witness signature
★ Delivery of the Deed: observable, verifiable intent that the deed is to be given to the
grantee
➔ Should look like this: Grantor sits at one side of the table and signs the deed and
then passes it to the grantee who is sitting at the other end of the table
➔ Can be tricky if the grantor is being represented by someone else
➔ Deed cannot just be found and passed along or passed along without instruction
to do so
Types of Deeds:
★ General Warranty: highest quality deed; includes all covenants
★ Special Warranty: includes all 3 covenants but takes only responsibility for actions taken
while this particular owner owned the house (nothing before)
★ Deed of bargain and sale: no covenants, ownership is implied, implies that property is
being conveyed, this is just doing the bare minimum to sell a property. Ex: Large