Deed - Structure

Structure

The main clauses of a deed of conveyance are:

  • Premises
    • Parties clause - sets out the names, addresses, and descriptions (vendor/purchaser, grantor/grantee, transferor/transferee) of parties
    • Recitals - narrates in chronological order the previous ownership of the property being conveyed, starting with the earliest deed of title down to the contract of sale the conveyance gives effect to
    • Testatum - a command to witness which acknowledges the payment and receipt of the consideration and signals the beginning of the operative part; usually begins with "Now this Deed witnesseth"
  • Operative part
    • Operative clause - vendor gives effect to the contract of sale by conveying his interest in land to the purchaser
    • Parcels clause - clause detailing the location and description of the property being conveyed
    • Habendum - clause indicating the estate (freehold, etc.) or interest to be taken by the grantee
    • Tenendum - "to have and to hold", formerly referring to the tenure by which the estate granted was to be held, though now completely symbolic
    • Redendum - reserves something to grantor out of thing granted, such as a rent, under the formula "yielding and paying".
    • Conditions
    • Warranty - grantor warrants the title to the grantee
      • general: when the warrant is against all persons
      • special: when it is only against the grantor, his heirs and those claiming under him
    • Covenants - binding limitations or promises
  • Conclusion - execution and date
    • Testimonium (Scotland: testing clause) - attests to the due execution of a deed or instrument.
      • Examples:
        • England & Wales: In Witness Whereof, the parties to these presents have hereunto set their hands and seals.
        • Ireland: In Witness Whereof the parties hereto have hereunto set their hands and affixed their seals .
        • Scotland: IN WITNESS WHEREOF these presents, consisting of this and the preceding pages, are subscribed by at on the day of Two thousand and in the presence of of .

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