(General) Warranty Deeds

(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 1 WARRANTY DEED For good consideration, we________________________________________ of_____________________________________, County of_____________________ State of_______________________________, hereby bargain, deed and convey to______________________________ of ____________________________ County of______________________________, State of_____________________, the following described land in _________________county, free 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, for itself and its heirs, hereby covenants with Grantee, its heirs, and assigns, that Grantor is lawfully seized in fee simple of the abovedescribed premises; that it has a good right to convey; that the premises are free from all encumbrances; that Grantor and its heirs, and all persons acquiring any interest in the property granted, through or for 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 for the further assurance of the title to the premises that may be reasonably required; and that Grantor and its heirs will forever warrant and defend all of the property so granted to Grantee, its heirs, against every person lawfully 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____________________before me,______________________, personally appeared______________________________________________, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed 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 his/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 official seal. 2 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) 3 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 4 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 5 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”) 6 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 CLAIMS 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 7 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 8 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 9 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 10 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 11 12 13 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) 2) 3) 4) 5) 2½ 5 10 20 40 14 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) 15   Callaway County Plat Maps 16