DEED
deed,n.1. Something that is done or carried out; an act or action. 2. A written instrument by
which land is conveyed. 3. At common law, any written instrument that is signed, sealed, and
delivered and that conveys some interest in property. — Also termed (in senses 2 & 3) evidence of
title. See contract under seal under CONTRACT. Cf. CONVEYANCE; BILL OF SALE. —
deed,vb.
“A deed is a writing sealed and delivered. For if either a parchment without writing be
delivered as one’s deed, yet it is not his deed, though an obligation be afterwards written in it: or if
it be a writing but not sealed at the time of the delivery of it as his deed, it is a scrole and not his
deed. Or if I make and seal a deed, and the party take it without my delivery, I may plead it is not
my deed.” Sir Henry Finch, Law, or a Discourse Thereof 108 (1759).
“What then is a deed? Unfortunately the word is not free from ambiguity. In the original and
technical sense a deed is a written instrument under the seal of the party executing it. Because,
however, of the wide use of such instruments in the conveyance of real estate, it has come to mean
in popular acceptance any formal conveyance for the transfer of land or of an interest therein. The
dual use of the term has crept into the language of courts and law writers, so that in the reading of
cases it is difficult to determine whether the word is used in the first and original sense, or whether D
it connotes a formal instrument of the type ordinarily employed for the conveyance of land.” Ray
Andrews Brown, The Law of Personal Property § 46, at 118–19 (2d ed. 1955).
“All deeds are documents, but not all documents are deeds. For instance, a legend chalked on
a brick wall, or a writing tattooed on a sailor’s back may be documents but they are not deeds. A
deed is, therefore, a particular kind of document. It must be a writing and a writing on paper or its
like, e.g., vellum or parchment. Any instrument under seal is a deed if made between private
persons. It must be signed, sealed, and delivered. A deed must either (a) effect the transference of
an interest, right or property, or (b) create an obligation binding on some person or persons, or (c)
confirm some act whereby an interest, right, or property has already passed.” Gerald Dworkin,
Odgers’ Construction of Deeds and Statutes 1 (5th ed. 1967).
absolute deed.A deed that conveys title without condition or encumbrance. — Also termed
deed absolute.
administrator’s deed.A document that conveys property owned by a person who has died
bargain-and-sale deed.A deed that conveys property to a buyer for valuable consideration but
that lacks any guarantee from the seller about the validity of the title. See BARGAIN AND SALE.
[Cases: Deeds 22. C.J.S. Deeds § 16.]
composition deed.A deed reflecting the terms of an agreement between a debtor and a
creditor to discharge or adjust a debt. [Cases: Debtor and Creditor 10. C.J.S. Assignments for
Benefit of Creditors § 26; Creditor and Debtor §§ 84–94.]
counterdeed. A secret deed, executed either before a notary or under a private seal, that voids,
invalidates, or alters a public deed.
deathbed deed.Rare. A deed executed by a grantor shortly before death. • The grantor need
not be aware that he or she is near death when the deed is executed.
deed absolute.See absolute deed.
deed in fee.A deed conveying the title to land in fee simple, usu. with covenants.
deed in lieu of foreclosure.A deed by which a borrower conveys fee-simple title to a lender in
satisfaction of a mortgage debt and as a substitute for foreclosure. • This deed is often referred to
simply as “deed in lieu.” [Cases: Mortgages 293. C.J.S. Mortgages §§ 441–443.]
deed of covenant.A deed to do something, such as a document providing for periodic
payments by one party to another (usu. a charity) for tax-saving purposes. • The transferor can
deduct taxes from the payment and, in some cases, the recipient can reclaim the deducted tax.
deed of distribution.A fiduciary’s deed conveying a decedent’s real estate.
deed of gift.A deed executed and delivered without consideration. — Also termed gratuitous
deed. deed of inspectorship.Hist. An instrument reflecting an agreement between a debtor and
creditor to appoint a receiver to oversee the winding up of the debtor’s affairs on behalf of the
deed of partition.A deed that divides land held by joint tenants, tenants in common, or
coparceners. [Cases: Partition 96. C.J.S. Partition §§ 141–142.]
deed of release.A deed that surrenders full title to a piece of property upon payment or
performance of specified conditions.
deed of separation.An instrument governing a spouse’s separation and maintenance. [Cases:
Husband and Wife 278.]
deed of settlement. 1. A deed to settle something, such as the distribution of property in a
marriage. 2.English law. A deed formerly used to form a joint-stock company.
deed of trust.A deed conveying title to real property to a trustee as security until the grantor
repays a loan. • This type of deed resembles a mortgage. — Also termed trust deed; trust indenture;
indemnity mortgage. — Also termed common-law mortgage. [Cases: Mortgages 8. C.J.S.
Mortgages §§ 5–6, 10.]
deed poll.A deed made by and binding on only one party, or on two or more parties having
similar interests. • It is so called because, traditionally, the parchment was “polled” (that is, shaved)
so that it would be even at the top (unlike an indenture). — Also spelled deed-poll. Cf.
deed to lead uses.A common-law deed prepared before an action for a fine or common
recovery to show the object of those actions.
deed without covenants.See quitclaim deed.
defeasible deed.A deed containing a condition subsequent causing title to the property to
revert to the grantor or pass to a third party.
derivative deed.See secondary conveyance under CONVEYANCE.
disentailing deed.Hist. A tenant in tail’s assurance that the estate tail will be barred and
converted into an estate in fee. • The Fines and Recoveries Act (3 & 4 Will. 4 ch. 74) introduced
this way of barring an entail. It authorized nearly every tenant in tail, if certain conditions were
met, to dispose of the land in fee simple absolute and thus to defeat the rights of all persons
claiming under the tenant.
donation deed.A deed granted by the government to a person who either satisfies the statutory
conditions in a donation act or redeems a bounty-land warrant. See DONATION ACT;
BOUNTY-LAND WARRANT.
full-covenant-and-warranty deed.See warranty deed.
general warranty deed.See warranty deed.
gift deed.A deed given for a nominal sum or for love and affection.
good deed.A deed that conveys good title as opposed to a deed that is merely good in form.
— Also termed lawful deed.
grant deed.A deed containing, or having implied by law, some but not all of the usual
covenants of title; esp., a deed in which the grantor warrants that he or she (1) has not previously
conveyed the estate being granted, (2) has not encumbered the property except as noted in the
deed, and (3) will convey to the grantee any title to the property acquired after the date of the
gratuitous deed.See deed of gift.
inclusive deed.See inclusive grant under GRANT.
indented deed.See INDENTURE(2).
latent deed.A deed kept in a strongbox or other secret place, usu. for 20 years or more.
lawful deed.See good deed.
mineral deed.A conveyance of an interest in the minerals in or under the land. [Cases: Mines
and Minerals 55. C.J.S. Mines and Minerals §§ 158–160, 169.]
mortgage deed.The instrument creating a mortgage. • A mortgage deed typically must contain
(1) the name of the mortgagor, (2) words of grant or conveyance, (3) the name of the mortgagee,
(4) a property description sufficient to identify the mortgaged premises, (5) the mortgagor’s
signature, and (6) an acknowledgment. To be effective and binding, a mortgage deed must also be
delivered. [Cases: Mortgages 42. C.J.S. Mortgages § 93.]
onerous deed.Scots law. A deed given in exchange for a valuable consideration, often as part
of a marriage settlement.
quitclaim deed.A deed that conveys a grantor’s complete interest or claim in certain real
property but that neither warrants nor professes that the title is valid. — Often shortened to
quitclaim. — Also termed deed without covenants. Cf. warranty deed. [Cases: Deeds 25, 121.
C.J.S. Deeds §§ 17, 261.]
“A quitclaim deed purports to convey only the grantor’s present interest in the land, if any,
rather than the land itself. Since such a deed purports to convey whatever interest the grantor has
at the time, its use excludes any implication that he has good title, or any title at all. Such a deed in
no way obligates the grantor. If he has no interest, none will be conveyed. If he acquires an
interest after executing the deed, he retains such interest. If, however, the grantor in such deed has
complete ownership at the time of executing the deed, the deed is sufficient to pass such
ownership…. A seller who knows that his title is bad or who does not know whether his title is
good or bad usually uses a quitclaim deed in conveying.” Robert Kratovil, Real Estate Law 49
(6th ed. 1974).
release deed.A deed that is issued once a mortgage has been discharged, explicitly releasing
and reconveying to the mortgagor the entire interest conveyed by an earlier deed of trust. [Cases:
Mortgages 309. C.J.S. Mortgages §§ 451, 465–466, 477–478.]
sheriff’s deed.A deed that gives ownership rights in property bought at a sheriff’s sale. [Cases:
Execution 241. C.J.S. Executions § 224.]
special warranty deed. 1. A deed in which the grantor covenants to defend the title against
only those claims and demands of the grantor and those claiming by and under the grantor. [Cases:
Covenants 48, 67. C.J.S. Covenants §§ 24, 29.] 2. In a few jurisdictions, a quitclaim deed. Cf.
warranty deed. [Cases: Deeds 25, 121. C.J.S. Deeds §§ 17, 261.]
statutory deed.A warranty-deed form prescribed by state law and containing certain
warranties and covenants even though they are not included in the printed form.
support deed.A deed by which a person (usu. a parent) conveys land to another (usu. a son or
daughter) with the understanding that the grantee will support the grantor for life. • Support deeds
often result in litigation.
tax deed.A deed showing the transfer of title to real property sold for the nonpayment of taxes.
See office grant under GRANT; tax sale under SALE. Cf. TAX CERTIFICATE. [Cases: Taxation
774. C.J.S. Taxation § 1445.]
title deed.A deed that evidences a person’s legal ownership of property. See TITLE.
trust deed.See deed of trust.
warranty deed.A deed containing one or more covenants of title; esp., a deed that expressly
guarantees the grantor’s good, clear title and that contains covenants concerning the quality of title,
including warranties of seisin, quiet enjoyment, right to convey, freedom from encumbrances, and
defense of title against all claims. — Also termed general warranty deed;
full-covenant-and-warranty deed. See WARRANTY(1). Cf. quitclaim deed; special warranty deed.
[Cases: Covenants 46–48, 67. C.J.S. Covenants §§ 22–24, 29.]
wild deed.A recorded deed that is not in the chain of title, usu. because a previous instrument
connected to the chain of title has not been recorded. [Blacks Law 8th]