Deeds Naples FL

DEEDS

A deed is an instrument by which an owner (the grantor) transfers an interest in land to a new owner (the grantee). No consideration is required to make the deed effective. A deed is necessary to transfer title to land even if it is a gift. The deed does not transfer title until the deed has been delivered to the grantee. The recording of the deed is generally not required to make the deed effective to pass title between the grantor and the grantee. However, recording is necessary so that the public will know that the grantee is the present owner.

Classification of Deeds

A quitclaim deed transfers whatever interest, if any, a grantor may have in the property, without specifying the interest in any way. No warranty of ownership is given. This type of deed is commonly used to clear title to property. A warranty deed transfers a specified interest and warrants or guarantees that this interest is transferred. The grantor warrants that the title is good, that the transfer is proper, and that there are no liens other than stated in the deed. The grantor is liable to the grantee if the warranty is breached.

Acknowledgements

In practically all jurisdictions, statutes provide for the acknowledgment of deeds, usually only in order that the deed may be recorded under the recording laws. A deed that is not properly attested or acknowledged as required by statute is ineligible for recording. However, an unacknowledged deed is binding between the parties in almost all jurisdictions.

An acknowledgment has three functions:1) to authenticate the instrument; 2) to permit the instrument be introduced into evidence without proof of execution; and 3) to entitle the instrument to be recorded.

The proper form of the acknowledgement may vary by state. The following are samples of acknowledgment forms acceptable in many states.

By individuals

"STATE OF _____________ COUNTY OF ____________

Personally appeared before me, the undersigned authority in and for the said County and State, on this _____ day of _________, 20__, within my jurisdiction, the within-named (name of person acknowledging execution of instrument), who acknowledged that he/she executed the above and foregoing instrument.

By a Corporation

"STATE OF _____________ COUNTY OF ____________

Personally appeared before me, the undersigned authority in and for the said county and state, on (month, and year), within my jurisdiction, the within named (person acknowledging execution of instrument), who acknowledged that he/she is (office in corporation) of (name of corporation), a (state) corporation, and that for and on behalf of the said corporation, and as its act and deed (he)(she) executed the above and foregoing instrument, after first having been duly authorized by said corporation so to do.