(General) Warranty Deeds
Passes everything the grantor has, but
also warrants:
Free from encumbrances (except as listed
Buyer will have quiet enjoyment of the
property
Seller will defend title against anyone claiming
the property
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WARRANTY DEED
For good consideration, we________________________________________ of _____________________________________, County
of _____________________ State of _______________________________, hereby bargain, deed and convey
to______________________________ of ____________________________ County of ______________________________, State
of _____________________, the f ollowing described land in _________________county, f ree and clear with WARRANTY COVENANTS; to wit:
(Type in the legal land description, such as the SW1/4 of the NE1/4 of the SE1/4 of Section 17 of
T19N, R24W, more or less ___ acres)
Grantor, f or itself and its heirs, hereby covenants with Grantee, its heirs, and assigns, that Grantor is lawf ully seized in f ee simple of the above-
described premises; that it has a good right to convey; that the premises are f ree f rom all encumbrances; that Grantor and it s heirs, and all persons
acquiring any interest in the property granted, through or f or Grantor, will, on demand of Grantee, or its heirs or assigns, and at the expense of
Grantee, its heirs or assigns, execute and instrument necessary f or the f urther assurance of the title to the premises that m ay be reasonably
required; and that Grantor and its heirs will f orever warrant and def end all of the property so granted to Grantee, its heirs , against every person
lawf ully claiming the same or any part thereof .
Being the same property conveyed to the Grantors by deed of ______________________________________,
dated___________________19____.
WITNESS the hands and seal of said Grantors this____day of _______, 20____.
_______________________________________
Grantor
_______________________________________
Grantee
STATE OF
COUNTY OF
On____________________bef ore me,______________________, personally appeared______________________________________________,
personally known to me (or proved to me on the basis of satisf actory evidence) to be the person(s) whose name(s) is/are subsc ribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by h is/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument .
WITNESS my hand and of f icial seal.
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Signature______________________________
Requirements for Warranty Deeds
Competent grantor
Grantee(s)’s name
Recital of consideration (even for gifts)
Words of conveyance (“grant, bargain &
sell”)
Legal land description
Grantor’s signature
Delivery of deed to grantee or grantee’s
agent (escrow)
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Delivery of Deeds
Deeds must be delivered to be effective
Shoebox deeds: are they valid? (NO)
Proving delivery:
Physical transfer of the deed
Transferor’s intent to pass title to transferee
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Optional Aspects of Deeds
Recitals of encumbrances (already
recorded and in the abstract)
Witnesses
Acknowledgment (notory public)
Recording at county recorder’s office
Grantee(s)’s signature
Date
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Quitclaim Deeds
QDs only pass whatever interest the
grantor has at the time of the deed
execution
When to use a quitclaim deed?
To disclaim any and all title defects
To clean up boundary line disputes (when
fences are off the true boundary line)
To release mortgage liens after the mortgage
is paid off
To add time in adverse possession between
two or more squatters (known as “tacking”)
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QUIT CLAIM DEED
STATE OF _________
COUNTY OF ________
This indenture made this day of , 200__, between _______________ as GRANTOR, and
__________________________ as GRANTEE.
WITNESSETH: That the GRANTOR, on behalf of himself, his heirs, executors, administrators,
successors, representatives and assigns, for and in consideration of the sum of ONE DOLLAR, cash
in hand paid at or before delivery of this document, the receipt of which is hereby acknowledged,
has bargained and sold and by this document and does grant, bargain, sell, convey, remise, release
and forever QUIT CLAIM S unto said GRANTEE, on behalf of himself, his heirs, executors,
administrators, successors, representatives and assigns, all the right, title, interest, claim or demand
which the GRANTOR may have had in and to the following described property :
Address:________________ Lot:________ Tract: _______ Parcel: ________ Block: _________ Plat
Book # , page , Superior Court of ______________.
TO HAVE AND TO HOLD the said tract of land, with all singular the rights, members and appurtenances
thereof, so that neither GRANTOR nor any other person claiming under him shall at any time claim or
demand any right, title or interest to tthe said tract of land or its appurtenances.
IN WITNESS THEREOF, the said GRANTOR has herewith set his hand and seal, the day and year first
above written. ________________________ GRANTOR Signed, Sealed, Sworn to and delivered in the
presence of: -----------------------
NOTARY PUBLIC
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Quit Claim Deed
THE GRANTOR_______________________________________of______________________,
City of_____________________________________,County of____________________,
State of_____________________________,for the consideration of_____________
_______________________________________CONVEY and QUIT CLAIM
to_________________________________of___________________________, City of__
______________, County of______________________, State of_________________,
all interest in the following described real estate in the County of_______
______, in the State of_____________________, to wit:
Dated this____ day of_______,20___.
___________________________________
Grantor's Signature
___________________________________
Type or Print Name
___________________________________
Recipient Signature
___________________________________
Type or Print Name
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Notary Public
Question #1
Which of the following is NOT required in
order to have a valid warranty deed as
between the grantor and the grantee?
1) Recitals of encumbrances (easements; mortgages)
2) Competent grantor
3) Grantor’s signature
4) Delivery to the grantee or the grantee’s agent
5) Legal land description
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Question #2
Which of the following is NOT a legal basis to
void a deed?
(1) Undue influence on the grantor by the grantee
(2) Incompetent grantee
(3) Fraud on creditors (conveyance leaves grantor
insolvent)
(4) Undue influence on the grantor by an agent of the
grantee
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Legal Land Description
Metes and Bounds
Monuments such as creeks, trees, rocks, posts
Distances and Angles
Area (acreage)
Governmental Survey System
Township Lines (horizontal): Six miles wide
Range Lines (verticle): Six miles wide
Township: 36 Sections (36 square miles)
Section: 640 acrea
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Question #3
How many acres are there in the W1/2 of the
SE1/4 of the NW1/4 of the SW1/4 of Section
23?
1) 2½
2) 5
3) 10
4) 20
5) 40
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Question #4
How many acres are there in a “township?”
Hint: A “township” is made by the intersection of
a township ban and a range ban (A “ban” is six
miles wide)
Another Hint: A township is made up of 36
“sections” (A “section” is one square mile, or 640
acres)
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Callaway County Plat Maps
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