Deed | Practical Law

Deed | Practical Law

Deed

Deed

Practical Law Glossary Item 2-382-3391 (Approx. 3 pages)

Glossary

Deed

At common law, is a written instrument by which one party conveys an interest in property to another. The instrument must be signed, sealed, and delivered.
In the US a deed is most often associated with land conveyances. In a conveyance of real property, a deed is typically signed by the conveying party and notarized by a notary public. The deed is recorded in the recorder's or registrar's office in the county where the real property is located.
State law governs the required deed and acknowledgment forms. State law may also require:
  • The deed to be printed or executed in black or blue ink.
  • Specific margins, fonts, or paper sizes.
  • Documentary, transfer, or stamp taxes to be paid and affixed.
  • Other execution formalities.
For information on state-specific execution formalities, see Real Estate Ownership: State Q&A Tool: Questions 6, 7, and 10. For information on the forms of deed used in a particular state, see Real Estate Ownership: State Q&A Tool: Question 5.
As deeds vary from state to state, local real estate counsel should be consulted to ensure that the proper form of deed is delivered at the closing. The type of deed to be delivered governs the scope of title warranties offered by the seller to the buyer.