Captions, Premises, and Clauses of a Deed

Paperwork can seem a daunting task to anyone who's had to deal with it. When it comes to preparing a deed, there's no difference. In order to ensure that the process does not overwhelm you, it would be very helpful to become well-versed on the specific parts of a deed.

At the very top of the deed, you will find what is known as the caption. This is essentially the heading of the deed where the location in which it was signed and, therefore, the place of its execution is stated. Keep in mind that it does not necessarily simultaneously refer to the actual county and state of the property itself, however. The premises of the deed is where the date of execution as well as the involved parties will be placed. It is advisable to make sure that the correct names of the grantor and grantee are applied.

There is no need to add honorific terms such as Mr. or Mrs. to the mix. Following this would be the granting clause, where description of conveyance as well as consideration or fees to be exchanged are to reside. There is no exact blueprint or formula of vocabulary that is required of you. It is sufficient enough to make it obvious that this document is a deed for the purpose of conveying or transferring land to another. Following a description of the land or property, are the habendum clause as well as the warranty clause.

The habendum clause states exactly the status of the estate to be transferred and is usually begun with the words, "to have and to hold." The rights of the new owner are described as part of the transaction. For instance the property may be transferred as life estate versus fee simple. Life estate places restrictions on the owner as its terms are then only valid for the duration of the person's life. Fee simple, on the other hand, is the most no strings attached form possible as the inheritor may do with the land as they please as long as they abide by normal state laws attached to ownership of property or lands.

Toward the end of the deed, you will find the warranty clause as well as a testimonial section, which is basically where all appropriate signatures will be placed. The warranty clause is fairly straightforward as this is where terms of warranty will reside. Basically, it states what exact liability the grantor will possess. In the case of quit claim deeds, however, this will not be needed.

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