Also known as: lawful deeds · valid deed
Written by attorneys · grounded in primary & secondary sources — see below
A written instrument that satisfies the formal requirements for conveying an interest in real property. These requirements include a writing that identifies the grantor and grantee, contains words of conveyance, describes the property, bears the grantor's signature, and is delivered with intent to pass title. Acceptance by the grantee is also required.
Leonard Lowe prepared a signed document titled Transfer of Loft that recited words of conveyance and delivered it along with keys during a public celebration. The document named no grantee and supplied no property description. Because the instrument failed to identify the intended recipient or the land conveyed, it did not operate as a lawful deed and title remained with Leonard.
Lars Lindstrom executed a quitclaim deed conveying his joint tenancy interest in a residence and delivered the signed instrument to his attorney with instructions to record it. The deed met every formal requirement and was accepted by the remaining joint tenant. The conveyance therefore severed the joint tenancy under the recorded lawful deed.
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A lawful deed requires a writing, identification of the grantor and grantee, words of conveyance, a description of the property, the grantor's signature, and delivery with intent to pass title. Acceptance by the grantee is also required.
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Yes. Identification of the grantee is a fundamental requirement. Without it the instrument cannot serve as a deed because it fails to specify who is receiving title.
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Courts may consider surrounding facts such as delivery of keys and immediate possession when assessing whether identification or description requirements are met, but formal omissions on the face of the writing create serious obstacles to validity.
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A properly executed and delivered quitclaim deed that meets all formal requirements severs the joint tenancy because the deed is effective to transfer the grantor's interest.
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…joint tenancy did not sever joint tenancy). The requirement for the intent under an intent-based analysis to be derived from a valid deed or similar instrument adds symmetry to the law and is consistent with our general principles governing property rights. In particular, we have never allowed a tenancy of any kind to be…