A deed (anciently "an evidence") is any legal instrument in writing which passes, affirms or confirms an interest, right, or property and that is signed, attested, delivered, and in some jurisdictions, sealed. It is commonly associated with transferring (conveyancing) title to property. The deed has a greater presumption of validity and is less rebuttable than an instrument signed by the party to the deed. A deed can be unilateral or bilateral. Deeds include conveyances, commissions, licenses, patents, diplomas, and conditionally powers of attorney if executed as deeds. The deed is the modern descendant of the medieval charter, and delivery is thought to symbolically replace the ancient ceremony of livery of seisin.
The traditional phrase signed, sealed and delivered refers to the practice of seals; however, attesting witnesses have replaced seals to some extent. Agreements under seal are also called contracts by deed or specialty; in the United States, a specialty is enforceable without consideration. In some jurisdictions, specialties have a liability limitation period of double that of a simple contract and allow for a third party beneficiary to enforce an undertaking in the deed, thereby overcoming the doctrine of privity. Specialties, as a form of contract, are bilateral and can therefore be distinguished from covenants, which, being also under seal, are unilateral promises.
At common law, to be valid and enforceable, a deed must meet several requirements:
Conditions attached to the acceptance of a deed are known as covenants. A deed indented or indenture is one executed in two or more parts according to the number of parties, which were formerly separated by cutting in a curved or indented line known as the chirograph. A deed poll is one executed in one part, by one party, having the edge polled or cut even, and includes simple grants and appointments.
In the transfer of real estate, a deed conveys ownership from the old owner (the grantor) to the new owner (the grantee), and can include various warranties. The precise name and nature of these warranties differ by jurisdiction. Often, however, the basic differences between them is the degree to which the grantor warrants the title. The grantor may give a general warranty of title against any claims, or the warranty may be limited to only claims which occurred after the grantor obtained the real estate. The latter type of deed is usually known as a special warranty deed. While a general warranty deed was normally used for residential real estate sales and transfers, special warranty deeds are becoming more common and are more commonly used in commercial transactions.
A third type of deed, known as a bargain and sale deed, implies that the grantor has the right to convey title but makes no warranties against encumbrances. This type of deed is most commonly used by court officials or fiduciaries that hold the property by force of law rather than title, such as properties seized for unpaid taxes and sold at sheriff's sale, or an executor.
In some jurisdictions, a deed of trust is used as an alternative to a mortgage. A deed of trust is not used to transfer property directly. It is commonly used in some states — California, for example — to transfer title to land to a “trustee”, usually a trust or title company, which holds the title as security ("in escrow") for a loan. When the loan is paid off, title is transferred to the borrower by recording a release of the obligation, and the trustee's contingent ownership is extinguished. Otherwise, upon default, the trustee will liquidate the property with a new deed and offset the lender's loss with the proceeds.
Since the extinction of the royal bloodline would be a ground for annexation of a principality by the British, some rulers were also granted sanads of adoption. Devised as a reward for loyalty to British rule in India, especially after the Indian rebellion of 1857, such deeds gave a ruler the right to adopt chosen heirs from local noble families in case of lack of direct issue. Among the rulers that were given sanads of adoption, Takht Singh, Jaswant Singh of Bharatpur, as well as the rulers of Nagod State, Samthar State and the Chaube Jagirs are worth mentioning.
The main clauses of a deed of conveyance are:
Usually the transfer of ownership of real estate is registered at a cadastre in the United Kingdom. In most parts of the United States, deeds must be submitted to the recorder of deeds, who acts as a cadastre, to be registered. An unrecorded deed may be valid proof of ownership between the parties, but may have no effect upon third-party claims until disclosed or recorded. A local statute may prescribe a period beyond which unrecorded deeds become void as to third parties, at least as to intervening acts.
Ownership transfer may also be crafted within deeds to pass by demise, as where a property is held in concurrent estate such as "joint tenants with right of survivorship" (JTWROS) or "tenants by the entirety". In each case, the title to the property immediately and automatically vests in the named survivor(s) upon the death of the other tenant(s).
In most states joint tenancy with the right of survivorship requires all owners to have equal interests in the property, meaning upon sale or partition of the property, all owners would receive an equal distribution of the proceeds.
Joint ownership may also be by tenants in common (TIC). In some states, joint ownership is presumed to be as tenants in common unless the parties are married and the deed so states or the deed sets for joint tenants with right of survivorship. Upon death, the decedent's share passes to his or her estate.
A life estate is the right to use, possess and enjoy the property for a period of time measured by the natural life of a person or persons. When all life tenants are dead, the remainderman holds full title.
When deeds are taken as joint tenants with rights of survivorship (JTWROS) or joint tenants in common (TIC), any co-owner can file a petition for partition to dissolve the tenancy relationship. JTWROS deed holders always take the property in equal shares; therefore, if the partnership is dissolved through partition, the proceeds must be equally distributed between all of the co-owners without regard to how much each co-owner contributed to the purchase price of the property. No credits would be allowed for any excess contributions to the purchase price. For example, if A and B co-own property as JTWROS and A contributed 80% of the purchase price, A and B would still receive equal distributions upon partition. On the other hand, TIC deed holders may be granted at partition a credit for unequal contributions to purchase price. During either partition, credits may be awarded to any co-owner who may have contributed in excess of his share to the property expenses after taking deed to the property. Credits may be allowed for utilities and maintenance; however, credits for improvements may not be allowed unless the improvements actually added substantial value to the property.
In the United States, a pardon of the President was once considered to be a deed and thus needed to be accepted by the recipient. This made it impossible to grant a pardon posthumously. However, in the case of Henry Ossian Flipper, this view was altered when President Bill Clinton pardoned him in 1999.
The United Kingdom, England and Wales operate a 'property register'. Title deeds are documents showing ownership, as well as rights, obligations, or mortgages on the property. Since around 2000, compulsory registration has been required for all properties mortgaged or transferred. The details of rights, obligations, and covenants referred to in deeds will be transferred to the register, a contract describing the property ownership.
The main difference between a deed and an agreement is that the deed is generally signed by only one person / party. Examples of a deed are deeds of hypothecation for creating charge on movable properties in favour of the banks/financial institutions etc.
An agreement by its name suggests that there should be at least two parties signing/approving the same. Examples of an agreement are agreement to sale, loan agreement etc.
At common law, ownership was proven via an unbroken chain of title deeds. The Torrens title system is an alternative way of proving ownership. First introduced in South Australia in 1858 by Sir Robert Torrens and adopted later by the other Australian states and other countries, ownership under Torrens title is proven by possession of a certificate of title and the corresponding entry in the property register. This system removes risks associated with unregistered deeds and fraudulent or otherwise incorrect transactions. It is much easier and cheaper to administer, lowering transaction costs. Some Australian properties are still conveyed using a chain of title deeds – usually properties that have been owned by the same family since the nineteenth century – and these are often referred to as 'Old System' deeds.
A deed that is recorded, but is not connected to the chain of title of the property, is called a wild deed. A wild deed does not provide constructive notice to later purchasers of the property, because subsequent bona fide purchasers cannot reasonably be expected to locate the deed while investigating the chain of title to the property. Haupt has stated that
Because title searching relies on the grantor/grantee indexes, it's possible that a deed won't be discovered even though it was recorded. "Example: Atwood sells his land to Burns, but Burns does not record his deed. Burns later sells the land to Cooper, and Cooper records her deed. But because the previous deed (the deed from Atwood to Burns) was not recorded, Cooper's deed is outside the chain of title. In a title search, someone looking up Atwood's name in the grantor index would find no indication that Atwood conveyed the property, and nothing would lead the searcher to Cooper's deed." A deed that is outside the chain of title is called a wild deed. The general rule is that a subsequent purchaser is not held to have constructive notice of a wild deed. In the example, Cooper's title is unprotected against subsequent good faith purchasers. Suppose Atwood were to fraudulently sell the same property to another person, Dunn. A court would rule that Dunn has good title to the property, not Cooper.
A wild deed has been described as a deed "executed by a stranger to the record title hung out in the air like Mahomet's coffin." Mahomet is an archaic spelling of Muhammad. There is a legend that the Prophet Muhammad's coffin was suspended without visible supports, from the ceiling of his tomb, just as a wild deed just hangs there, not touching the chain of title.
"'Deed I Do" is a 1926 jazz standard composed by Fred Rose with lyrics by Walter Hirsch. It was introduced by vaudeville performer S. L. Stambaugh and popularized by Ben Bernie's recording. It was recorded by influential clarinetist and bandleader Benny Goodman as his debut recording in December 1926 with Ben Pollack and His Californians. Ruth Etting's rendition of the song became a top ten hit in 1927 as did the version by Johnny Marvin.America's Cup
The America's Cup, affectionately known as the Auld Mug, is a trophy awarded to the winner of the America's Cup match races between two sailing yachts. One yacht, known as the defender, represents the yacht club that currently holds the America's Cup and the second yacht, known as the challenger, represents the yacht club that is challenging for the cup. The timing of each match is determined by an agreement between the defender and the challenger. The America's Cup is the oldest international sporting trophy. It will next be raced for in the southern summer, in the early part of 2021.The cup was originally awarded in 1851 by the Royal Yacht Squadron for a race around the Isle of Wight in the United Kingdom, which was won by the schooner America. Originally known as the 'R.Y.S. £100 Cup', the trophy was renamed the 'America's Cup' after the yacht and was donated to the New York Yacht Club (NYYC) under the terms of the Deed of Gift, which made the cup available for perpetual international competition.
Any yacht club that meets the requirements specified in the deed of gift has the right to challenge the yacht club that holds the cup. If the challenging club wins the match, it gains stewardship of the cup.
The history and prestige associated with the America's Cup attracts not only the world's top sailors and yacht designers but also the involvement of wealthy entrepreneurs and sponsors. It is a test not only of sailing skill and boat and sail design, but also of fundraising and management skills.
The trophy was held by the NYYC from 1857 (when the syndicate that won the cup donated the trophy to the club) until 1983. The NYYC successfully defended the trophy twenty-four times in a row before being defeated by the Royal Perth Yacht Club, represented by the yacht Australia II. The NYYC's reign was the longest winning streak (in terms of date) in the history of all sports.From the first defence of the cup in 1870 through the twentieth defence in 1967, there was always only one challenger. In 1970, for the first time, there were multiple challengers, so the NYYC agreed that the challengers could run a selection series with the winner becoming the official challenger and competing against the defender in the America's Cup match. Since 1983, Louis Vuitton has sponsored the Louis Vuitton Cup as a prize for the winner of the challenger selection series.
Early matches for the cup were raced between yachts 65–90 ft (20–27 m) on the waterline owned by wealthy sportsmen. This culminated with the J-Class regattas of the 1930s. After World War II and almost twenty years without a challenge, the NYYC made changes to the deed of gift to allow smaller, less expensive 12-metre class yachts to compete; this class was used from 1958 until 1987. It was replaced in 1990 by the International America’s Cup Class which was used until 2007.
After a long legal battle, the 2010 America's Cup was raced in 90 ft (27 m) waterline multihull yachts in a best of three "deed of gift" match in Valencia, Spain. The victorious Golden Gate Yacht Club then elected to race the 2013 America's Cup in AC72 foiling, wing-sail catamarans. Golden Gate Yacht Club successfully defended the cup. The 35th America's Cup match was announced to be sailed in 50 ft foiling catamarans.The history of the America's Cup has included legal battles and disputes over rule changes including most recently over the rule changes for the 2017 America's Cup.The America's Cup is currently held by the Royal New Zealand Yacht Squadron, who will stage the 36th defence of the Cup in 2021.Anarchism and violence
Anarchism and violence have become closely connected in popular thought, in part because of a concept of "propaganda of the deed". Propaganda of the deed, or attentát, was espoused by leading anarchists in the late nineteenth century, and was associated with a number of incidents of violence. Anarchist thought, however, is quite diverse on the question of violence. In the name of coherence some anarchists have opposed coercion, while others have supported it, particularly in the form of violent revolution on the path to anarchy. Anarchism includes a school of thought which rejects all violence (anarcho-pacifism).
Many anarchists regard the state to be at the definitional center of structural violence: directly or indirectly preventing people from meeting their basic needs, calling for violence as self-defense.Perhaps the first anarchist periodical was named The Peaceful Revolutionist, a strain of anarchism that followed Tolstoy's pacifism.Articles of association
In corporate governance, a company's articles of association (AoA, called articles of incorporation in some jurisdictions) is a document which, along with the memorandum of association (in cases where the memorandum exists) form the company's constitution, defines the responsibilities of the directors, the kind of business to be undertaken, and the means by which the shareholders exert control over the board of directors.
It refers to that document of the company in which rules of internal management to achieve the objective laid down in the memorandum of association are stated.Covenant (law)
A covenant in its most general sense and historical sense, is a solemn promise to engage in or refrain from a specified action. Under historical English common law a covenant was distinguished from an ordinary contract by the presence of a seal. Because the presence of a seal indicated an unusual solemnity in the promises made in a covenant, the common law would enforce a covenant even in the absence of consideration. In United States contract law, an implied covenant of good faith is presumed.
A covenant is a type of agreement analogous to a contractual condition. The covenantor makes a promise to a covenantee to do (affirmative covenant (US) / positive covenant (E&W)) or not do some action (negative covenant). In real property law, the juristic term real covenants means conditions tied to the ownership or use of land. A "covenant running with the land", meeting tests of wording and circumstances laid down in precedent, imposes duties or restrictions upon the use of that land regardless of the owner. Restrictive covenants are somewhat similar to easements and equitable servitudes, leading to some discussion about whether these concepts should be unified; in the US the Restatement (Third) of Property takes steps to merge these concepts as servitudes. Real covenant law in the US has been referred to as an "unspeakable quagmire" by one court.Covenants for title are covenants which come with a deed or title to the property, in which the grantor of the title makes certain guarantees to the grantee. Non-compete clauses in the United States are also called restrictive covenants.
Landlords may seek and courts may grant forfeiture of leases such as in leasehold estates for breach of covenant, which in most jurisdictions must be relatively severe breaches, however the covenant to pay rent is one of the more fundamental covenants. The forfeiture of a private home involves interference with social and economic human rights. In the case of leases commuted to a large sum payable at the outset (a premium), this has prompted lobbying for and government measures of leasehold reform particularly in the law of ground rents and service charges.Deed of Gift of the America's Cup
The Deed of Gift of the America's Cup is the primary instrument that governs the rules to make a valid challenge for the America's Cup and the rules of conduct of the races. The current version of the deed of gift is the third revision of the original deed. The original deed was written in 1852 and forwarded to the New York Yacht Club on July 8, 1857.Deed poll
A deed poll (plural: deeds poll) is a legal document binding only to a single person or several persons acting jointly to express an active intention. It is, strictly speaking, not a contract because it binds only one party and expresses an intention instead of a promise.Droopy
Droopy is an animated character from the Golden Age of American Animation: an anthropomorphic dog with a droopy face, hence the name Droopy. He was created in 1943 by Tex Avery for theatrical cartoon shorts produced by the Metro-Goldwyn-Mayer cartoon studio. Essentially the polar opposite of Avery's other MGM character, the loud and wacky Screwy Squirrel, Droopy moves slowly and lethargically, speaks in a jowly monotone voice, and—though hardly an imposing character—is shrewd enough to outwit his enemies. When finally roused to anger, often by a bad guy laughing heartily at him, Droopy is capable of beating adversaries many times his size with a comical thrashing ("You know what? That makes me mad!").
The character first appeared, nameless, in Avery's 1943 cartoon Dumb-Hounded. Though he would not be called "Droopy" onscreen until his fifth cartoon, Señor Droopy (1949), the character was officially first labeled Happy Hound, a name used in the character's appearances in Our Gang Comics (the character was already christened the name "Droopy" in model sheets for his first cartoon). The Droopy series ended in 1958 as a result of MGM closing its cartoon department, but the character has been revived several times for new productions, often movies and television shows also featuring MGM's other famous cartoon stars, Tom and Jerry, either as their ally or enemy.
In the cartoon Northwest Hounded Police, Droopy's last name was given as "McPoodle". In The Chump Champ, it was given as "Poodle". Nevertheless, Droopy is generally understood to be a basset hound.Edmund I
Edmund I (Old English: Ēadmund, pronounced [æːɑdmund]; 921 – 26 May 946) was King of the English from 939 until his death. His epithets include the Elder, the Deed-doer, the Just, and the Magnificent.Edmund was the son of Edward the Elder and his third wife Eadgifu of Kent, and a grandson of Alfred the Great. His father died when he was young, and was succeeded by his oldest son Æthelstan. Edmund came to the throne upon the death of his half-brother in 939, apparently with little opposition. His reign was marked by almost constant warfare, including conquests or reconquests of the Midlands, Northumbria, and Strathclyde (the last of which was ceded to Malcolm I of Scotland). Edmund was assassinated after six-and-a-half years as king, while attending Mass in Pucklechurch, Gloucestershire. He was initially succeeded by his brother Eadred, but his two sons – Eadwig and Edgar the Peaceful – both later came to the throne.Estoppel by deed
Estoppel is a common law doctrine which, when it applies, prevents a litigant from denying the truth of what was said or done. The doctrine of estoppel by deed (also known as after-acquired title) is a particular estoppel doctrine in the context of real property transfers. Under the doctrine, the grantor of a deed (generally the seller of a piece of real property) is estopped (barred) from denying the truth of the deed. The doctrine may only be invoked in a suit arising out of the deed, or involving a particular right arising out of the deed.While rooted in warranty deeds, estoppel by deed has been extended to affect quitclaim deeds if the deed represents that the grantor actually had title.Extraterrestrial real estate
Extraterrestrial real estate refers to claims of land ownership on other planets or natural satellites or parts of space by certain organizations, individuals, and scam artists. Such claims are not recognized by any authority, and have no legal standing. Nevertheless, some private individuals and organizations have claimed ownership of celestial bodies, such as the Moon, and are actively involved in "selling" parts of them through certificates of ownership termed "Lunar deeds", "Martian deeds" or similar.Ipso facto
Ipso facto is a Latin phrase, directly translated as "by the fact itself", which means that a specific phenomenon is a direct consequence, a resultant effect, of the action in question, instead of being
brought about by a previous action. It is a term of art used in philosophy, law, and science. An example in law is money laundering: the act is not ipso facto illegal because it is an exchange but is done as a cover for something else, so the act puts the actions of an individual in question. A common English idiom with a similar meaning is "in and of itself". Compare also "by itself" and "per se".
Aside from its technical uses, it occurs frequently in literature, particularly in scholarly addenda: e.g., "Faustus had signed his life away, and was, ipso facto, incapable of repentance" (from Christopher Marlowe, The Tragical History of Dr. Faustus) or "These prejudices are rooted in the idea that every tramp ipso facto is a blackguard" (from George Orwell, Down and Out in Paris and London).Judge John Deed
Judge John Deed is a British legal drama television series produced by the BBC in association with One-Eyed Dog for BBC One. It was created by G.F. Newman and stars Martin Shaw as Mr Justice Deed, a High Court judge who tries to seek real justice in the cases before him. It also stars Jenny Seagrove as the barrister Jo Mills QC, frequently the object of Deed's desire. A pilot episode was broadcast on 9 January 2001, followed by the first full series on 26 November 2001. The sixth and last series concluded on 18 January 2007. The programme then went on an indefinite break after Shaw became involved in another television programme (Inspector George Gently), and he and Seagrove expressed a wish for the format of the series to change before they filmed new episodes. By 2009, the series had officially been cancelled.
The factual accuracy of the series is often criticised by legal professionals and journalists; many of the decisions taken by Deed are unlikely to happen in a real court. The romanticised vision of the court system created by Newman caused a judge to issue a warning to a jury not to let the series influence their view of trials—referring to an episode where Deed flouts rules when called up for jury service. A complaint was made by a viewer about one episode claiming biased and incorrect information about the MMR vaccine, leading the BBC to unilaterally ban repeats of it in its original form. All six series (with the exception of the two banned episodes from Series Five) have been released on DVD in the UK.Legal separation
Legal separation (sometimes judicial separation, separate maintenance, divorce a mensa et thoro, or divorce from bed-and-board) is a legal process by which a married couple may formalize a de facto separation while remaining legally married. A legal separation is granted in the form of a court order. In cases where children are involved, a court order of legal separation often makes child custody arrangements, specifying sole custody or shared parenting, as well as child support. Some couples obtain a legal separation as an alternative to a divorce, based on moral or religious objections to divorce.Legal separation does not automatically lead to divorce. The couple might reconcile, in which case they do not have to do anything in order to continue their marriage. If the two do not reconcile, and they wish to proceed with a divorce, they must file for divorce explicitly.Micchami Dukkadam
Micchāmi Dukkaḍaṃ (मिच्छामि दुक्कडम्) is an ancient Indian phrase, which is translated from Prakrit to literally mean "may all the evil that has been done be fruitless." It is commonly used to seek forgiveness and to mean, "If I have offended you in any way, knowingly or unknowingly, in thought, word or deed, then I seek your forgiveness."It is used widely in the Jain religion on the last day (Samvatsari or Kshamavani) of Paryushana, the most important annual holy event of the Jain calendar. As a matter of ritual, Jains greet their friends and relatives on this last day with Micchāmi Dukkaḍaṃ, seeking their forgiveness. No private quarrel or dispute should be carried beyond this time. The importance of forgiveness in Jainism may be compared to the importance of forgiveness in other religions.
The phrase is also used by Jains throughout the year when a person makes a mistake, or recollects making one in everyday life, or when asking for forgiveness in advance for inadvertent ones.At the end of the festival Paryushana, devotees request forgiveness for any offenses committed during the year by saying ‘Micchami Dukkadam’ or ‘Uttam Kshama’ meaning “If I have offended you in any way, knowingly or unknowingly, in thought, word or deed, then I seek your forgiveness.”Mortgage law
A mortgage is a security interest in real property held by a lender as a security for a debt, usually a loan of money. A mortgage in itself is not a debt, it is the lender's security for a debt. It is a transfer of an interest in land (or the equivalent) from the owner to the mortgage lender, on the condition that this interest will be returned to the owner when the terms of the mortgage have been satisfied or performed. In other words, the mortgage is a security for the loan that the lender makes to the borrower.
The word is a Law French term meaning "dead pledge," originally only referring to the Welsh mortgage (see below), but in the later Middle Ages was applied to all gages and reinterpreted by folk etymology to mean that the pledge ends (dies) either when the obligation is fulfilled or the property is taken through foreclosure.In most jurisdictions mortgages are strongly associated with loans secured on real estate rather than on other property (such as ships) and in some jurisdictions only land may be mortgaged. A mortgage is the standard method by which individuals and businesses can purchase real estate without the need to pay the full value immediately from their own resources. See mortgage loan for residential mortgage lending, and commercial mortgage for lending against commercial property.No Good Deed (2017 film)
No Good Deed is a 2017 American superhero short film featuring the Marvel Comics character Deadpool. The film was directed by David Leitch from a script by Rhett Reese and Paul Wernick, with Ryan Reynolds starring as Deadpool. In No Good Deed, Wade Wilson tries to save an old man from a mugger, but fails because he takes the time to change into his Deadpool costume first.
Shortly before the release of the 2017 film Logan, its theatrical runtime was extended by several minutes. This was due to the addition of a Deadpool short film playing before Logan in place of a traditional post-credits scene. The short was filmed in December 2016 and serves as a tease for the feature film Deadpool 2, but is not a trailer for that film. It plays into Deadpool's characteristic humor in several ways, being based on an absurd premise that would not work in a feature film, having fourth wall-breaking references to Logan, making fun of the character Superman, and featuring a cameo by Stan Lee in one version.
No Good Deed was originally released by 20th Century Fox in front of Logan on March 3, 2017, and an alternate version of the short was released online by Reynolds the following day. Responses to the short praised it as a tease for Deadpool 2 and for showing that Leitch understands the character ahead of directing that film. Its humor was also highlighted by many critics.Propaganda of the deed
Propaganda of the deed (or propaganda by the deed, from the French propagande par le fait) is specific political action meant to be exemplary to others and serve as a catalyst for revolution.
It is primarily associated with acts of violence perpetrated by proponents of insurrectionary anarchism in the late 19th and early 20th century, including bombings and assassinations aimed at the ruling class, but also had non-violent applications. These "deeds" were to ignite the "spirit of revolt" in the people by demonstrating the state was not omnipotent and by offering hope to the downtrodden, and also to expand support for anarchist movements as the state grew more repressive in its response. In 1881, the International Anarchist Congress of London gave the tactic its approval.Quitclaim deed
A quitclaim deed is a legal instrument that is used to transfer interest in real property. The entity transferring its interest is called the grantor, and when the quitclaim deed is properly completed and executed, it transfers any interest the grantor has in the property to a recipient, called the grantee. The owner/grantor terminates (“quits”) any right and claim to the property, thereby allowing the right or claim to transfer to the recipient/grantee.
Unlike most other property deeds, a quitclaim deed contains no title covenant and thus offers the grantee no warranty as to the status of the property title; the grantee is entitled only to whatever interest the grantor actually possesses at the time the transfer occurs. This means that the grantor does not guarantee that he or she actually owns any interest in the property at the time of the transfer, or if he or she does own an interest, that the title is free and clear. It is, therefore, possible for a grantee to receive no actual interest, and – because a quitclaim deed offers no warranty – have no legal recourse to recover any losses. Further, if the grantor should acquire the property at a later date, the grantee is not entitled to take possession, because the grantee can only receive the interest the grantor held at the time the transfer occurred. In contrast, other deeds often used for real estate sales (called grant deeds or warranty deeds, depending on the jurisdiction) contain warranties from the grantor to the grantee that the title is clear or that the grantor has not placed any encumbrance against the title.
Because of this lack of warranty, quitclaim deeds are most often used to transfer property between family members, as gifts, placing personal property into a business entity (and vice versa) or in other special or unique circumstances. An example use for a quitclaim deed is in divorce, whereby one spouse terminates any interest in the jointly owned marital home, thereby granting the receiving spouse full rights to the property. For example, when one spouse acquires the marital home in a divorce settlement, the other spouse could execute a quitclaim deed eliminating their interest in the property and transferring full claim to the other spouse, quickly and inexpensively.In some jurisdictions, quitclaim deeds are used in tax deed sales (in those cases, the term "tax deed" or "sheriff's deed" may be used to describe the actual document), where a property is sold in a public auction to recover the original homeowner’s outstanding tax debt. The auctioning body is usually the local government, which claims no interest to the property whatsoever, but is selling only to recover the unpaid taxes without extending any warranty for the property title. The purchaser then may need to initiate a quiet title action to remove any clouds to the title.
In many jurisdictions, quitclaim deeds are rarely used to transfer property from seller to buyer in a traditional property sale: the grantor and grantee have an existing relationship, or the grantor and grantee are the same person. But in others, such as Massachusetts, quitclaim deeds are the norm.Execution of a quitclaim deed is relatively simple, and requires little more than both parties signing the deed and, if required in the state where it is executed, having the deed notarized, acknowledged before a notary or with a jurat signed before a notary. A jurat, also known as a verification upon oath or affirmation, is a form of notarization in which the affiant appears before a notary, swears to the truth of the contents of the document, and signs the document in front of the notary.
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