Deeds (Must Haves)
A valid deed must clearly identify these two parties—the one transferring the property and the one receiving it.
Who are the grantor and grantee? (Buyer/Seller)
This type of deed provides the least protection, offering no warranties—only transferring whatever interest the grantor may have.
What is a quitclaim deed?
For a deed to be valid, only this party needs to sign it—never the one receiving the property.
What is the grantor’s signing (only the grantor’s signature is required)?
A contract with no legal effect from the start—like one for an illegal purpose—falls under this classification.
What are void contracts?
A valid contract begins with these two elements—one party proposes terms and the other agrees to them.
What are offer and acceptance?
This essential 3 Paragraph part of a deed includes wording such as “conveys,” “grants,” or “bargains and sells,” showing the intent to transfer property.
What is the granting clause?
This common deed type guarantees that the grantor holds clear title and has the right to convey it, offering broad protection to the grantee.
What is a warranty deed?
Historically, deeds required this wax-based formality, though it’s not required in modern practice, including Massachusetts.
What is sealing?
A contract in which some terms remain unfulfilled, such as a pending purchase-and-sale agreement, is known as this.
What are executory contracts?
An enforceable contract must include something of value exchanged between the parties—sometimes money, sometimes a promise.
What is consideration?
A deed must include this detailed legal information, often using metes and bounds, lot-and-block, or government survey systems.
What is a full description of the realty?
This deed offers the strongest level of protection, covering title issues arising from any point in time, even before the grantor owned the property.
What is a general warranty deed?
A deed becomes legally effective only after these two actions occur—one by the grantor, one by the grantee.
What are delivery and acceptance?
In this type of contract, only one party makes a promise, and the other accepts by performing an act—for example, a reward offer.
What are unilateral contracts?
A contract cannot be upheld by a court if its purpose is criminal or violates public policy; it must satisfy this requirement.
What is legality?
A deed must show that something of value is being exchanged, though it can be as simple as “love and affection” rather than money.
What is consideration (not necessarily monetary)?
This deed limits the grantor’s warranties only to the period during which they owned the property, not before.
What is a special warranty deed?
This official certification, verifies the grantor’s identity and intent when executing a deed.
What is notarization?
This contract type involves mutual promises made by both parties, such as most real estate purchase agreements.
What are bilateral contracts?
All parties to a contract must meet this requirement, meaning they are of sound mind and of valid legal age.
What is competency of all parties?
For a deed to be valid and recordable, it typically must include this formal verification.
What is acknowledgment or notarization?
Used to transfer rights to natural products rather than the land itself, this deed allows a buyer to enter the property and remove things like harvested plants.
What is a crop and timber deed?
While not required for validity, this public step gives notice to the world and establishes priority in the chain of title.
What is recording?
A court may refuse to enforce these contracts because they are so one-sided, unfair, or oppressive that they “shock the conscience.”
What are unconscionable contracts?
Sometimes called “meeting of the minds,” this requirement means all parties fully agree to the terms without fraud, undue influence, or duress.
What is consent (mutual agreement)?