[Leave 3 inch by 3 inch space for clerk as required by F.S. 695.26(1)(e).] GENERAL WARRANTY DEED THIS DEED, made on .....(date)..... between .....(name)..... (Grantor) and .....(name)..... (Grantee), whose post office address is ......................... and whose Social Security number is ...................., WITNESSETH, that Grantor, for and in consideration of the sum of $.........., and other good and valuable consideration to Grantor in hand paid by Grantee, the receipt of which is acknowledged, conveys to Grantee and Grantee's heirs, executors, administrators, and assigns forever the following described land situated in .................... County, Florida: .....(legal description of real property)..... Property Appraiser's Parcel I.D. No. .......... [Parcel Identification as required by F.S. 689.02(2)] And Grantor covenants with Grantee that, except as noted, at the time of the delivery of this deed: 1. Grantor was well seized of the aforesaid premises; 2. Grantor had good right and title to convey; 3. The premises are free from all encumbrances to Grantee except as follows: [Insert the word "NONE" or the list of permitted encumbrances.] 4. Grantee shall have the peaceable and quiet possession thereof; 5. Grantor shall fully warrant the title and defend it against the lawful claims of all persons whomsoever; and 6. Grantor will make such further assurance to perfect the fee simple title in Grantee and Grantee's heirs, executors, administrators and assigns as may be reasonably required. Signed in the presence of: .....(name, typed or printed)..... .....(name, typed or printed)..... .....(address)..... .....(address)..... Witness Grantor .....(name, typed or printed)..... Witness [Add appropriate form of Acknowledgment.] COMMENTS CONCERNING FORM 7.34 Form 7.34 is a modern form of general warranty deed and contains no excess language that could feasibly be eliminated. See Comments to Form 7.33. Form 7.34 contains all of the essentials of a valid deed: a blank for the tax parcel identification number, designations of the grantor and grantee, grantee's address, a blank for the grantee's Social Security number, one operative word of conveyance, a description of the property conveyed, the signature of the grantor, and the attestation (witness) clause that is essential if the grantor is not a corporation. In as brief form as is deemed practicable, the form contains the common law covenants of title that are not essential to the validity of the deed but are essential for the instrument to constitute a general warranty deed. This form also contains the unessential but desirable elements of a recital of consideration, a date, and words of inheritance and limitation. The acknowledgment, not essential to the validity of the deed, but essential for purposes of recordation in the public records, must be added. (See Form 7.37.) This form does not contain the obsolete and unnecessary additional operative words of conveyance, appurtenance clause, habendum-tenendum clause, concluding clause, or obsolete seal of the individual grantor. While Forms 7.35 and 7.36 do not comply with F.S. 689.06 and, hence, cannot be used unchanged to create an express trust, they will comply with that provision if the attestation clauses are changed to "signed, sealed, and delivered in the presence of." Other forms of a general warranty deed are set forth under §689.02 of 8 HARRISON'S SAPP, FLORIDA PLEADING, PRACTICE AND LEGAL FORMS ANNOTATED (1991); under Deeds in 7 FLA.JUR.2d LEGAL FORMS; under Deeds in 4 NICHOLS, CYCLOPEDIA OF LEGAL FORMS ANNOTATED (1990); and in BOYER, 1 FLORIDA REAL ESTATE TRANSACTIONS §7.03 (Matthew Bender & Co. 1995). Various forms of special purpose deeds are set out under §§689.02, 689.03, 689.05, 689.09, 689.11, 689.15, and 689.17 of Sapp's work; in the sections of FLA.JUR.2d LEGAL FORMS; and in Nichols' work above noted. These references should be consulted to transfer less than fee simple title to property. Forms 7.35 and 7.36 may not be used except to convey fee simple title.
Pages to are hidden for
"Attestation Deed of Trust - DOC"Please download to view full document