The evidence of ownership of all the real property which is inside the property boundaries as defined by the property description in the deed. Considered corporeal, or tangible.

During a transfer of ownership or sale, that which exists on the property at the time the sales agreement is signed rather than the date of closing.

An abstract term denoting ownership of real property. An owner holds title and proves it by showing the deed. NOTE: There is no actual document in real property called a title. Title is considered incorporeal, or intangible.

A transfer of ownership in any of its forms - may be voluntary or involuntary.

Essential element of a deed. What the grantor was attempting to do with the property. The intent is established by each of the other essential deed elements - signature, granting clause, names of the parties, description, consideration, written, delivery

Essential element of a deed. The deed must have the signature of the grantor.

Essential element of a deed. For a deed to be valid it must contain a granting clause - “I transfer”, “I grant”, “I convey”, etc.

Essential element of a deed. The names of the grantor and grantee must be written on the deed.

Essential element of a deed. In Utah, all real estate documents must have an “adequate” description - must be able to separate the parcel in question from any other parcel.

Essential element of a deed. Deed must denote that “consideration” was exchanged for the deed. NOTE: In most cases the phrase “ten dollars and other good and valuable consideration” is used to hide the actual amount of consideration exchanged.

Essential element of a deed. As required by the Statue of Frauds, a conveyance if an interest in real property must be done in writing.

Essential element of a deed. To be valid, a deed must be delivered to a grantee. Forms of delivery include: actual delivery, constructive delivery, or third party delivery.

The grantor hands or sends the deed to the grantee. If mailed should be sent registered mail.

Constructive Delivery

Accomplished by having the deed recorded on the public records.

The grantor authorizes a third party to hold the deed in escrow or trust until some designated time. Then the deed is delivered to the grantee. NOTE: Third party must have written, notarized instructions to make this form of delivery valid.

Non-essential deed element. Recording or constructive delivery is the most common, safest form of delivery. NOTE: If a grantor wrongfully transferred the property to two parties, the one who recorded the deed first would be the owner.

Non-essential deed element. The signature of the grantor is notarized or witnessed (not the content of the deed). NOTE: Most county recorders require the signature of the grantor be acknowledged before they will record the deed.

A type of deed that conveys all interests, both ownership & non-ownership, without giving guarantees. It is used in divorces, quick asset shifting, and to remove cloud on title.

Covenant Against Encumbrances

One warranty of the general (full) warranty deed. It is promised that there are no encumbrances against the property other than those revealed to the grantee & are accepted in the deed.

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Ownership

Term	Definition
Deed	The evidence of ownership of all the real property which is inside the property boundaries as defined by the property description in the deed. Considered corporeal, or tangible.
Real Property	During a transfer of ownership or sale, that which exists on the property at the time the sales agreement is signed rather than the date of closing.
Title	An abstract term denoting ownership of real property. An owner holds title and proves it by showing the deed. NOTE: There is no actual document in real property called a title. Title is considered incorporeal, or intangible.
Alienation of Title	A transfer of ownership in any of its forms - may be voluntary or involuntary.
Intent	Essential element of a deed. What the grantor was attempting to do with the property. The intent is established by each of the other essential deed elements - signature, granting clause, names of the parties, description, consideration, written, delivery
Signature	Essential element of a deed. The deed must have the signature of the grantor.
Granting Clause	Essential element of a deed. For a deed to be valid it must contain a granting clause - “I transfer”, “I grant”, “I convey”, etc.
Names of the Parties	Essential element of a deed. The names of the grantor and grantee must be written on the deed.
Description	Essential element of a deed. In Utah, all real estate documents must have an “adequate” description - must be able to separate the parcel in question from any other parcel.
Consideration	Essential element of a deed. Deed must denote that “consideration” was exchanged for the deed. NOTE: In most cases the phrase “ten dollars and other good and valuable consideration” is used to hide the actual amount of consideration exchanged.
Written	Essential element of a deed. As required by the Statue of Frauds, a conveyance if an interest in real property must be done in writing.
Delivery	Essential element of a deed. To be valid, a deed must be delivered to a grantee. Forms of delivery include: actual delivery, constructive delivery, or third party delivery.
Actual Delivery	The grantor hands or sends the deed to the grantee. If mailed should be sent registered mail.
Constructive Delivery	Accomplished by having the deed recorded on the public records.
Third Party Delivery	The grantor authorizes a third party to hold the deed in escrow or trust until some designated time. Then the deed is delivered to the grantee. NOTE: Third party must have written, notarized instructions to make this form of delivery valid.
Recording	Non-essential deed element. Recording or constructive delivery is the most common, safest form of delivery. NOTE: If a grantor wrongfully transferred the property to two parties, the one who recorded the deed first would be the owner.
Acknowledgment	Non-essential deed element. The signature of the grantor is notarized or witnessed (not the content of the deed). NOTE: Most county recorders require the signature of the grantor be acknowledged before they will record the deed.
	Non-essential deed element. Though a deed doesn’t need a date to be valid, it is important and should not be neglected.
	Non-essential deed element. Often referred as the “to have & to hold”, “exceptions & reservations”, or the “subject to” clause. It defines, lessens, enlarges, qualifies, or affirms the extent of ownership being transferred. (must agree w/ granting clause)
Date
Habendum Clause
Quit Claim Deed	A type of deed that conveys all interests, both ownership & non-ownership, without giving guarantees. It is used in divorces, quick asset shifting, and to remove cloud on title.
	A type of deed, similar to a Quit Claim Deed, except it implies the grantor has interest in the property. NOTE: Seldom used in Utah.
Bargain & Sale Deed
	A type of deed that provides the most complete transfer of ownership w/ the greatest protections - covenant of seizin, covenant against encumbrances, covenant of quiet enjoyment, covenant of further assurance, covenant of warranty forever.
	One warranty of the general (full) warranty deed. The grantor states he/she holds the title and has the right to convey it.
Covenant Against Encumbrances	One warranty of the general (full) warranty deed. It is promised that there are no encumbrances against the property other than those revealed to the grantee & are accepted in the deed.
Covenant of Further Assurance
	One warranty of the general warranty deed. The grantor will bear the expense of defending the grantee’s title if anyone asserts a rightful claim to the property. Grantee may sue for damages up to value of property at sale. (From conveyance - patent deed)
	A type of deed that provides warranties only against defects arising during the period of grantor’s ownership - covenant of seizin and covenant against encumbrances.
	A type of deed often used in some states in place of a warranty deed. Provides no guarantees relative to encumbrances created by owners previous to the grantor. NOTE: These states have determined that title insurance provides adequate protection.
	A type of deed used during the probate process (courts granting title of a deceased individual’s property to his / her heirs). These deeds are usually Specialty Warranty Deeds - can be Bargain & Sale Deeds.
	A type of deed having to do with the foreclosure of a property. Generally take the form of a Special Warranty or Bargain & Sale deed.
	A type of deed that conveys a property for love and affection. NOTE: If used to avoid paying a debt, courts could order the property conveyed back to the grantor.
	A type of deed used by the government to convey public property to private individuals. Sometimes called a “public grant”.

Created by: m072640

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