Also known as: carte · cartas · charter · deed
Written by attorneys · grounded in primary & secondary sources — see below
A historical Latin term for a charter, deed, or other written instrument that formally conveys land or grants rights.
Select any source to read its text and confirm it supports the definition.
Clifford Cox contracted to buy land from Crown Pharmaceuticals and signed the deed at formation. Before closing a fire destroyed the main building. Under the majority rule the risk had already shifted to Cox so he could not rescind or demand a price reduction.
Cynthia Cortez purchased Blackacre by deed from a grantor whose own deed traced to a common owner. An earlier easement granted by that common owner to a stranger appeared in a separate recording chain. Cortez took without constructive notice of the easement.
Charlotte Chung executed a transfer on death deed naming her niece as beneficiary. Upon Chung's death the niece received the property directly without probate because the instrument complied with the uniform act.
Corinne Cho assigned her right to payment under a services contract to Canyon Construction. The assignment covered an account as defined in the UCC because it represented a monetary obligation for services to be rendered.
Catherine Carter accepted the deed at closing after the seller failed to complete promised repairs listed only in the contract. The deed became the sole measure of obligations so Carter could not sue for breach of the repair promise after closing.
Carmen Choi bought property under a contract containing a merger clause. After closing she sought to enforce an oral side agreement not mentioned in the deed. The clause together with the deed merger doctrine barred her claim.
It designates a formal written instrument such as a charter or deed used to convey land or create legal rights.
Supporting sources
Yes under the merger doctrine the carta replaces the contract and bars enforcement of promises not restated in the deed except in cases of fraud or mutual mistake.
The clause reinforces merger by limiting enforcement of prior negotiations or oral agreements not reflected in the deed delivered at closing.
…that laws excluding same-sex couples from the marriage right impose stigma and injury of the kind prohibited by our basic charter. Pp. 23–27. (d) The Fourteenth Amendment requires that the States license and recognize same-sex marriages. The judgment of the Court of Appeals for the Sixth Circuit is reversed, and…