Outline Title Deed For Free

A New York deed must have a statement of consideration that says that the new owner is providing value in exchange for the property. Deeds often state nominal consideration within the deed's transfer language and set forth the actual consideration in the transfer tax affidavit that accompanies the deed.

Negative covenants are actions you can't take, while positive covenants are actions you must take. For example, a negative covenant in real estate could prevent you from raising chickens on your property. On the other hand, a positive covenant could require you to mow your lawn.

A deed is void at its inception if it attempts to transfer property to an inadequately designed grantee. Delivery and acceptance of the deed is presumed if it has been recorded. Both the grantor and the grantee sign the deed.

What can be construed as a VOID deed? A forged deed. A deed signed by a person determined to be mentally incapacitated. A deed signed by someone who totally does not understand what they are signing. A deed in which the Grantee was typed in without the Grantor's authorization.

The deed was forged; The deed was induced by fraud, misrepresentation, coercion, duress, or undue influence; The deed was not delivered, or not delivered properly, and there was no acceptance by the grantee.

Contrary to the law and established custom in other states, the expression ?to have and to hold? (called the ?habendum clause? of a deed) is not necessary, nor are witnesses or seal required. The deed should be dated, but this too is not necessary to its validity.

A deed may be divided into three component parts: the premises; the habendum; and, the testimonium. The premises include the date, parties, consideration, granting clause, description, recital, and appurtenances.