Also known as: recital in a deed · deed recitals · recitals · preambles in deeds
Written by attorneys · grounded in primary & secondary sources — see below
Statements contained in a deed that recite facts or circumstances relevant to the conveyance or the parties' interests in the property. These recitals supply evidence of intent and are considered together with the words of grant, habendum, and other parts of the instrument to determine the conveyor's intent.
Roberto Reyes executes a deed containing standard recitals that he is conveying Blackacre to Raphael Rivera for love and affection. Extrinsic evidence later shows Reyes created the deed only to induce Rivera to enter a separate business arrangement and never intended a genuine transfer. The court treats the recitals as creating only a rebuttable presumption and admits the extrinsic evidence to show the instrument served a non-conveyancing purpose.
Elena Soto conveys Greenacre by deed whose recitals state the property is free of liens. The habendum clause uses different limiting language. The court examines the recitals together with the words of grant and habendum to ascertain Soto's overall intent rather than isolating any single portion.
Select any source to read its text and confirm it supports the definition.
Marcus Hale's deed recites that he transfers Whiteacre to Nora Ives as a completed gift. Later evidence shows the deed was delivered only to secure a loan. The court holds the recitals raise a rebuttable presumption of intent and permits extrinsic proof that the transaction was conditional.
Lydia Voss deeds Blueacre. The recitals declare the conveyance is to her children. The printed covenants and handwritten habendum appear inconsistent. The court weighs the recitals along with all other clauses to decide Voss's controlling intent under the general law of conveyancing.
Yes. A hearsay exception permits admission of statements in a document that purports to establish or affect an interest in property when the matter stated was relevant to the document's purpose. The exception applies to deeds and allows the recorded copy to prove the recitals, signing, and delivery even if the original is unavailable.
Yes. Recitals such as those declaring the nature of the transaction create only a rebuttable presumption. Extrinsic evidence is admissible to show the instrument was executed for a collateral, non-conveyancing purpose and therefore is not effective according to its recitals.
The same rebuttable-presumption analysis applies. When an instrument on its face contains recitals declaring it a deed or will, courts admit extrinsic evidence to determine whether the maker intended the stated purpose or used the form for a different objective.
All parts of the conveyance, including recitals, the words of grant, and the habendum, are considered together to determine the conveyor's intent. The relative weight of recitals is part of the general law of conveyancing.
…to sustain his conviction are his and Wong Sun's unsigned statements. Without scrutinizing the contents of Toy's ambiguous recitals, we conclude that no reference to Toy in Wong Sun's statement constitutes admissible evidence corroborating any admission by Toy. We arrive at this conclusion upon two clear lines of…