DEFINITION OF A DEED.

A deed is a written instrument under seal of the parties executing it. “all deeds are
documents but not all documents are deeds. For instance a legend chalked on a brick
wall. A deed is therefore a particular kind of document; it must be a writing on the paper
or it like. Any instrument under seal is a Deed if made under private parties”1

A Deed must either

a) Effect the transference of an interest or right or property

b) Create an obligation binding on some person or persons or
2
c) Confirm some act whereby an interest, right, or property has already passed

The deed must describe the real property, name the party transferring the property
(grantor) the party receiving the property (grantee) and be signed by the grantor, who
must then acknowledge before a notary public that he/she/it executed the deed. To
complete the transfer (conveyance) the deed must be recorded in the office of the
County Recorder or Recorder of Deeds.

At Common Law, a deed was an instrument under seal thatcontained a Covenant or

contract delivered by the individual whowas to be bound by it to the party to whom it
was granted. It is no longer required that such an instrument be sealed.

It is also the written document which transfers title (ownership) or an interest in real
property to another person.

TERMS USED IN INTERPRETATION OF DEEDS

Once we have managed to decipher the handwriting on old deeds we are then faced
with the problem of trying to understand what the deed is telling us. Here is a list a few
of the definitions used in old Deeds. However, when in doubt you might want to check
Black's Law Dictionary.

Acquired Lands: Federal Lands obtained by purchase, condemnation, or gift under

laws other than public land law.

Administrator / Administratrix: An administrator is a person lawfully appointed, with

his assent, by an officer having jurisdiction, to manage and settle the estate of a
deceased person who has left no executor or one who is for the time incompetent or
unable to act. If you find this term used in a deed, look for a will or court record.
Administrator designates a male, adminstratrix designates a female.

1
Blacks Dictionary 8thED
2
Gerald Dworkin- Construction of Deeds and Statutes
Application: A formal request for the use or ownership of public lands or resources. In
public domain states - these applications are sometimes found with the land grant file
but more often the application was discarded when the land was formally granted by the
Bureau of Land Management.

Appraiser: Is a person appointed by competent authority to value goods or real estate.

Often in old deeds a group of men were selected to serve as a "jury" to value real and
personal property. If you run across this term look for additional information in the court
and will records.

Assigns: Any person or entity the property may be passed on to, by the purchaser, in
the future. Normally means the seller will defend the title to the property on behalf of the
purchaser and any one in the future who will own the same land.

B.L.W.: The abbreviation for Bounty Land Warranty. If found in an old deed you should
research military records.

B.M.: The abbreviation for Bench Mark a term used in surveying, a definite point of a
known elevation.

Base Line: An imaginary line running east and west used in surveying the public
domain.

Boundy: An unspecified amount or number; as a "boundy of land". Usually found in

deeds for states using the metes &bounds type of survey.

Cadastral Survey: A Public Land survey establishing land boundaries for a new state
or county.

Chain: A measurement used in a survey. A chain is 66 feet or 100 links. A link is 7.92
inches.

Deed: An instrument conveying real property.

Deed of Trust: A mortgage or sometimes a lease.

Degrees: Survey term used most often in metes & bounds surveys using designated
compass points.

Disposal: Most often used to designate a transaction of the title of public domain land
to an individual or other non-Federal entity.

Encroachment: To intrude unlawfully upon the lands, property or authority of another.

This term is found more in court records involving boundary disputes than in old deeds.
Field Notes: A term used to describe a type of diary kept by surveyors as a permanent
record of the land being surveyed. Many of the details of the survey are included in
these notes. Field notes are most often found at the state land office. Many have been
microfilmed by the LDS. Field notes may include information on any existing house(s),
outbuildings, and fields under

Inventory: A list of all assets of an estate. These inventories include real and personal
property, notes, mortgages or money due the deceased person. If you find a mention of
inventory in a deed look for a will and/or court records. The judge appointed a "jury" of
men to inventory all the assets of a deceased person and return the inventory to the
court.

Final Disposition: A settlement of an estate. Used in the case of a will or probate,

meaning there is nothing left to be done to settle the estate.

Grant: Usually refers to a tract of land granted by the government or anybody.

Grantee: The purchaser or recipient of whatever is being recorded in the deed. Indexes
of deed books are normally split between grantee and grantor. You must remember to
check them both.

Grantor: The seller or giver of whatever is being recorded in the deed. Indexes of deed
books are normally split between grantee and grantor. You must remember to check
them both.

Indenture: A written contract or agreement. Sometimes the term is used to mean a

mortgage and sometimes it is found used when a minor is being made an apprentice.

Land Warrant: A negotiable government certificate entitling its holder to obtain a

certain amount of land that the governing body has the right to dispose of.

Legal Description: A descriptions that describes a piece of property in such a manner

that the property cannot be confused with any other piece. In public domain states the
description uses Section, Township and Range terms. In metes & bounds and township
states the description uses flora & fauna, physical things (like creeks), names of
neighbors, chains, degrees, etc.

Legacy: A gift of personal or real property by a Will. If you find this word used check
Will and court records

Legatee: The person receiving a gift of personal or real property under the instructions
of a Will. If you find this word used check Will and Court records.

Lease: A contract whereby a person or other entity gives another the use of and
possession of some type of property for a stated time and stated fee. The Lessee is the
receiver of the leased property and the Lessor is the one granting the lease and is also
the owner in the majority of cases.

Link: A measurement used in a survey. Equals 7.92 inches

M.L.W.: Military Land Warranty. If you find this used search for military service records.

Meander: Used in metes & bounds states legal descriptions to describe the banks of a
body of water. (A creek, river, lake, etc.)Or sometimes the boundary of a neighbor's
property.

Moiety: A half, an undivided part.

Pace: A measure of distance equaling two and 1/2 feet.

Party of the First Part: Seller (grantor)

Party of the Second Part: Purchaser (grantee)

Patent: a grant of privilege, property or authority made by a government or sovereign of

a country to one or more individuals.

Patentee: is the person receiving the patent. The explanation of the records to search
when you find the word patent in a deed is rather long. See Taking the Mystery Out of
Land Records.

Real Property: Land (today referred to as Real Estate)

Plat: A drawing of several adjacent pieces of property or a drawing of a single piece of

property produced from the legal description of the property(s)

Pole: A unit of measure in a survey. Equals 16 1/2 feet

Presents: Normally found used as "by these presents" meaning by the paper document
itself.

Private Land Claim: A patent granted by a foreign government.

Release of Lien: A document filed with the court in which a person or entity releases
any claim to the property of another person. Usually filed when a mortgage or loan is
paid in full.

Rod: A unit of measure. Equals 16 1/2 feet.

Quitclaim <Quit Claim>: A deed in which a person or other entity agrees to give up
any real or possible interest in something. Used most often when a title is not clear. This
type of deed is also used in the case of estates when there is doubt as to whether a heir
has come claim to property in the estate. Also used when there are boundary disputes
to clear a title to a certain piece of land.

Quitrents: Found in old deeds, especially in colonial records. Thisis a type of "use" fee
that is paid yearly on a conveyance of some type. It can be on a piece of property, a
grant, a patent or most anything.

Range: A term used in the survey and legal description of publicdomain states.

Section: A term used in the survey and legal description of public domain states to
describe a square of 640 acres or one square mile.

Seized: Used in place of the word "own". The ownership of theitem is vested in the
grantor and the grantor has the lawful rightto sell the property. Usually reads" I am
lawfully seized of saidland".

Survey: A measured plan and description of a piece of property.

Survey Plat: A map on which land surveys are recorded.

Topography: An exact and scientific description of an area or region.

Town / Township: Used to designate a local government unitand/or a legal description

in public domain states. In NewEngland states it is used to describe a government unit
much like counties in other states. (See Untangling Townships)

Tract Book: A book used to track the sale/purchase of an individual piece of property
from the first transfer of the property from a government or sovereign to the current
owner. Found most often in public domain states.

Warranty Deed: A deed warranting that the grantor has a good and clear title to the
item being sold. Within this type of deed the seller agrees to defend the title against any
claims later made to the property.

Will (Last Will and Testament): A document in which a personsets forth the disposition
of their property to take effect after the person's death. A Holographic will is one written
by the person making the will. This type of will needs no witnesses. A nuncupative will is
an oral will declared by a testator at time of death before witnesses and afterwards
reduced to writing – this type of will cannot convey real property. A nuncupative will
often results in court cases where heirs are fighting for their right to real property. (For
an excellent description of the difference between a "Will" and a "Last Will and
Testament" -
Execution

In order for a deed to be properly executed, certain acts must be performed to create a
valid conveyance. Ordinarily, an essential element of execution is the signature of the
grantor in the proper place. It is not necessary, however, that the grantee signs the
deed in order for it to take effect as a conveyance. Generally state statutes require that
the deed be signed in the presence of witnesses, attesting to the grantor's request.

Delivery

Proper delivery of a deed from the grantor to the grantee is an essential element of its
effectiveness. In addition, the grantor must make some statement or perform some act
that implies his or her intention to transfer title. It is insufficient for a grantor to have the
mere intention to transfer title, in the absence of further conduct that consummates the
purpose.

There is no particular prescribed act, method, or ceremony required for delivery, and it
is unnecessary that express words be employed or used in a specified manner. The
deed need not be physically delivered to the grantee. It is sufficient to mail it to the
grantee. Delivery of the deed by the attorney who has written the instrument for the
grantor is also adequate. Unless otherwise provided by statute, a deed becomes
effective upon its delivery date. The mere fact that the grantee has physical possession
of the deed does not constitute delivery unless it was so intended by the grantor.

Acceptance

A deed must be accepted by the grantee in order for proper transfer of title to land to be
accomplished. There are no fixed principles regarding what acts are sufficient to effect
acceptance, since the issue is largely dependent upon the party's intent.

Acceptance of a deed need not be made by express words or in writing, absent a

contrary statutory provision. A deed is ordinarily accepted when the grantee retains it or
obtains a mortgage on the property at issue.

Recording

Legal policy mandates that a deed to real property be a matter of public record;
therefore, subsequent to delivery and acceptance, a deed must be properly recorded.

The recording process begins when the deed is presented to the clerk's or recorder's
office in the county where the property is located. The entire instrument is duplicated,
ordinarily by photocopying. The copy is inserted into the current book of official records,
which consists exclusively of copies of documents that are maintained and labeled in
numerical order.

A properly recorded deed provides constructive notice of its contents, which means that
all parties concerned are considered to have notice of the deed whether or not they
actually saw it. Majority of jurisdictions place the burden upon home buyer’s to
investigate any suspicious facts concerning the property of which they have actual or
constructive notice. If, for example, there is a reference to the property for sale in the
records to other deeds, the purchaser might be required to determine whether such
instruments give rights in the property to other individuals.

A map referred to in a recorded deed that describes the property conveyed becomes
part of the document for identification purposes.

The original copy of a deed is returned to the owner once it has been duplicated,
recorded, and filed in the office of the recorder.

A records or clerk's office maintains a set of indexes, in addition to official records, in

which information about each deed is recorded, so that upon a search for a document
such information can be disclosed. A majority of states have a grantor-grantee index, a
set of volumes containing a reference to all documents recorded alphabetically
according to the grantor's name. The index lists the name of the grantor first, followed
by the name of the grantee, then ordinarily a description of the instrument and
sometimes of the property, and ultimately a reference to the volume and page number
in the official record where the document has been copied. A grantee-grantor index has
the identical information, but it is listed alphabetically according to the grantees' names.
A tract index arranges all of the entries based upon the location of the property.

Indexes are frequently classified according to time periods. Therefore separate sets of
indexes covering various periods of time may be available.

A significant problem can result in the event that a deed cannot be located through the
indexes. This situation could result from a mistake in the recording process, such as
indexing the deed under the wrong name. In a number of states, the courts will hold that
such a deed was never recorded inasmuch as it was not indexed in such a manner as
to provide notice to someone properly conducting a check on the title. In these
jurisdictions, all grantees have the duty to return to the recorder's office after filing to
protect them by checking on the indexing of their deeds. A purchaser who lives in a
state with such laws shouldprotect himself or herself either by consulting an attorney
orreturning to the recorder's office to ascertain that the deed is properly recorded and
indexed. Other state statutes provide thata document is considered recorded when it is
deposited in theproper office even if it is improperly recorded such that it cannotbe
located. In these states, there are no practical steps forsubsequent buyers to take to
circumvent this problem.

Types of Deeds

Three basic types of deeds commonly used are the grant deed, the quitclaim deed, and
the warranty deed.

Grant Deed By use of a grant deed, the conveyor says, "I grant(convey, bargain, or
sell) the property to you." In a number of jurisdictions a representation that the conveyor
actually owns A sample grant deed.the property he or she is transferring is implied from
such language.

Quitclaim Deedis intended to pass any title, interest, or claim that the grantor has in the
property but makes no representation that such title is valid. In effect, this type of deed
states that if the grantor actually owns the premises described or any interest therein, it
is to be conveyed to the grantee. For this type of deed, some state statutes require a
Warranty by the grantor, stating that neither the grantor nor anyone associated with him
or her has encumbered the property, and that the grantor will defend the title against
any defects that arise under and through him or her, but as to no others.

Warranty Deed here the grantor inserts covenants for title, promising that such title is
good and clear. The customary covenants of title include warranty of seisin, Quiet
Enjoyment, the right to convey, freedom from encumbrances, and a defense of the title
as to all claims. Validity If a deed is to have any validity, it must be made voluntarily.
The test of the capacity of an individual to execute a valid deed is based upon that
person's ability to comprehend the consequences of his or her act. If a deed is not made
through the conscious act of the grantor, it can be set aside in court. Relevant factors
for the determination of whether a particular individual is capable of executing a valid
deed are his or her age, and mental and physical condition. Extreme physical weakness
resulting from old age or disease is a proper element for consideration in establishing
capacity. Mental capacity, however, is the most important factor. If an individual is
deemed to be mentally capable of disposing of his or her own property, the deed is
ordinarily valid and would withstand objections made to it.

If Fraud is committed by either the grantor or grantee, a deed can be declared invalid.
For example, a deed that is a forgery iscompletely ineffective.

The exercise of Undue Influence also ordinarily serves to invalidate a deed. The test of
whether such influence has been exerted turns upon the issue of whether the grantor
executed the deed voluntarily. Undue influence is wrongful and serves to confuse the
judgment and to control the will of the grantor.

Ordinary influence is insufficient to invalidate a deed. Deeds between parties who share
a confidential relationship are frequently examined by the courts for undue influence.
For example, the courts might place a deed under close scrutiny if the grantor's attorney
or physician is named grantee. In addition, if the grantor is a drunkard or uses Drugs
and Narcotics to excess, such would be circumstances for consideration when a court
determines whether undue influence was exercised upon the grantor. Defects

In a number of jurisdictions, an individual selling a house is required to disclose any

material defect known to him or her but not to the purchaser. A failure to disclose gives
the buyer the right to cancel the deed, sue for damages, and in some instances, recover
for personal injuries incurred as a result of such defect.

General and special warranty Edit

Main article: Warranty deed

The original 1636 Indian deed creating the State of Rhode Island signed by Native
American Chief Canonicus to Roger WilliamsIn the transfer of real estate, a deed
conveys ownership from theold owner (the grantor) to the new owner (the grantee), and
can include various warranties. The precise name and nature of these warranties differ
by jurisdiction. Often, however, the basic differences between them isthe degree to
which the grantor warrants the title. The grantor may give a general warranty of title
against any claims, or the warranty may be limited to only claims which occurred after
the grantor obtained the real estate. The latter type of deed is usually known as a
special warranty deed.

While a general warranty deed was normally used for residential real estate sales and
transfers, special warranty deeds are becoming more common and are more commonly
used in commercial transactions.

Bargain and sale deed.

A third type of deed, known as a bargain and sale deed implies that the grantor has the
right to convey title but makes nowarranties against encumbrances. This type of deed is
most commonly used by court officials or fiduciaries that hold the property by force of
law rather than title, such as properties seized for unpaid taxes and sold at sheriff's sale,
or an executor.

Deeds as alternatives to bankruptcy Edit

Deed of arrangement - document setting out an arrangement for a debtor to pay part or
all outstanding debts, as an alternative to bankruptcy; (Australian law).

Deed of assignment - document in which a debtor appoints atrustee to take charge of

property to pay debts, partly or wholly, as an alternative to bankruptcy.

INTERPRETATION OF DEEDS

Many times, language is proved to be an imperfect vehicle for expressing thought and
intention. The rules of interpretation or canons of constructions are the products of real
life experiences of Judges and Jurists. Prime purpose of interpretation of a document is
to ascertain the intention of the parties manifested at the time when the document was
executed.

To ascertain the intention of the parties, the document must be considered as a whole.
It is from the whole of the document, coupled with the surrounding circumstances, that
the general intention of the party or parties is to be ascertained. Attempt must be made
to gather the intention of the parties from the exact words used in the deed.

When the words used in a deed are in their literal meaning unambiguous and when
such meaning is not excluded from the context and is sensible with respect to the
parties at the time of executing the deed, such literal meaning must be taken. Where,
the words used in a deed, if taken in its literal sense lead to absurdity and
inconsistency, then an interpretation to avoid that absurdity and inconsistency should be
made.

It is also a settled principle that when the intention of the maker or makers of a deed
cannot be given effect to in its full extent, effect is to be given to it as far as possible.
Where the intentions are sufficiently clear from the deed itself, mis-recital in some part
of the deed cannot vitiate it. Anything expressly mentioned in the deed excludes another
view impliedly possible.

As far as possible, effect is to be given to all words used in a document. This is yet
another important principle in the interpretation of deeds. A document should be
construed in its entirety. Further, if possible, it should be construed so as to give effect
to every word employed therein.

The court is not at liberty to discard a word, if some meaning can be ascribed to it.
Normally, the words employed in a deed should be taken in its ordinary sense, unless
there are indications to do otherwise. It is also an important rule that plain words should
be given plain meaning.

The Supreme Court in Sant Ram v. Rajinder Lal (AIR 1978 SC1601) enunciated
certain principles regarding the interpretation of a lease deed. His Lordship
V.R.Krishna Iyer, J., speaking for the three Judges bench, quoting with approval from
“LuxGentium Lex – Then and Now, 1799” held as follows:-“Two rules must be
remembered while interpreting deeds and statutes. The first one is:-“in drafting it is not
enough to gain a degree of precision which a person reading in good faith can
understand, but it is necessary to attain if possible to a degree to precision which a
person reading in bad faith cannot misunderstand.”

The second one is more important for the Third World countries.

Statutory construction, so long as law is at the service of life, cannot be divorced from
the social setting…………….”

Apex Court in Provash Chandra Dalui v. BiswanathBanerjeem(1989 Supp (1) SCC 487)
laid down the following proposition:-“’Ex praecedentibus et consequentibus optima fit
interpretatio‘.

The best interpretation is made from the context. Every contract is to be construed with
reference to its object and the whole of its terms. The whole context must be considered
to ascertain the intention of the parties.

It is an accepted principle of construction that the sense and meaning of the parties in
any particular part of instrument may be collected ‘ex antecedentibus et
consequentibus;’ every part of it may be brought into action in order to collect from the
whole one uniform and consistent sense, if that is possible.

As Lord Davey said in N. E. Railway Co. v. Hastings:-“……the deed must be read as

a whole in order to ascertain the true meaning of its several clauses, and ……. the
words of each clause should be so interpreted as to bring them into harmony with the
other provisions of the deed if that interpretation does no violence to the meaning of
which they are naturally susceptible……”

In construing a contract the court must look at the words used inthe contract unless they
are such that one may suspect that they do not convey the intention correctly. If the
words are clear, there is very little the court can do about it. In the construction of a
written instrument it is legitimate in order to ascertain the true meaning of the words
used and if that be doubtful it is legitimate to have regard to the circumstances
surrounding their creation and the subject matter to which it was designed and intended
they should apply.”

Interpretation of deeds is quoted from a recent judgment of the Kerala High Court in
Indira MotorService v. PanakkatNazaruddin dated 7 October, 2015 authored by Justice
A. Hariprasad
STRUCTURE OF ADEED

The main clauses of a deed of conveyance are:

Premises.

Parties clause - sets out the names, addresses, and descriptions (vendor/purchaser,
grantor/grantee, transferor/transferee) of parties.

Recitals - narrates in chronological order the previous ownershipof the property being
conveyed, starting with the earliest deed of title down to the contract of sale the
conveyance gives effect to

Testatum - a command to witness which acknowledges thepayment and receipt of the

consideration and signals the beginning of the operative part; usually begins with "Now
this Deed witnesseth"Operative part

Operative clause - vendor gives effect to the contract of sale byconveying his interest in
land to the purchaser.

Parcels clause - clause detailing the location and description of the property being
conveyed.

Habendum - clause indicating the estate (freehold, etc.) orinterest to be taken by the
grantee[9]

Tenendum - "to have and to hold", formerly referring to the tenure by which the estate
granted was to be held, though now completely symbolic

Redendum - reserves something to grantor out of thing granted,such as a rent, under

the formula "yielding and paying" Conditions

Warranty - grantor warrants the title to the granteegeneral: when the warrant is against
all persons Special, when it is only against the grantor, his heirs and those claiming
under him

Covenants - binding limitations or promises

Conclusion (or eschatocol) - execution and date

Testimonium (Scotland: testing clause) - attests to the due execution of a deed or

instrument.

Examples:
England & Wales: In Witness Whereof, the parties to these presents have hereunto set
their hands and seals.

JOINT OWNERSHIP EDIT

Ownership transfer may also be crafted within deeds to pass by demise, as where a
property is held in concurrent estate such as "joint tenants with right of survivorship"
(JTWROS) or "tenants by the entirety". In each case, the title to the property
immediately and automatically vests in the named survivor(s) upon the death of the
other tenant(s).

In most states joint tenancy with the right of survivorshiprequires all owners to have
equal interests in the property, meaning upon sale or partition of the property, all owners
would receive an equal distribution of the proceeds.

Joint ownership may also be by tenants in common (TIC). In some states, joint
ownership is presumed to be as tenants in common unless the parties are married and
the deed so states or the deed sets for joint tenants with right of survivorship. Upon
death, the decedent's share passes to his or her estate.

A life estate is the right to use, possess and enjoy the property for a period of time
measured by the natural life of a person or persons. When all life tenants are dead, the
remainder man holds full title.

JOINT TENANTS WITH RIGHTS OF SURVIVORSHIP VS. JOINT TENANTS IN

COMMON

When deeds are taken as joint tenants with rights of survivorship(JTWROS) or joint
tenants in common (TIC), any co-owner can file a petition for partition to dissolve the
tenancy relationship.

JTWROS deed holders always take the property in equal shares; therefore, if the
partnership is dissolved through partition, the proceeds must be equally distributed
between all of the co-owners without regard to how much each co-owner contributed to
the purchase price of the property. No credits would be allowed for any excess
contributions to the purchase price. For example, if A and B co-own property as
JTWROS and A contributed 80% of the purchase price, A and B would still receive
equal distributions upon partition. On the other hand, TIC deed holders may be granted
at partition a credit for unequal contributions to purchase price. During either partition,
credits may be awarded to any co-owner who may have contributed in excess of his
share to the property expenses after taking deed to the property. Credits may be
allowed for utilities and maintenance; however, credits for improvements may not be
allowed unless the improvements actually added substantial value to the property.

PARDON AS DEED

In the United States, a pardon of the President was onceconsidered to be a deed and
thus needed to be accepted by the recipient. This made it impossible to grant a pardon
posthumously. However, in the case of Henry Ossian Flipper, this view was altered
when President Bill Clinton pardoned him in

1999.

TITLE DEED

The United Kingdom, England and Wales operate a 'propertyregister'. Title deeds are
documents showing ownership, as well as rights, obligations, or mortgages on the
property. Since around2000, compulsory registration has been required for all
propertiesmortgaged or transferred. The details of rights, obligations, and covenants
referred to in deeds will be transferred to the register, a contract describing the property
ownership.

DIFFERENCE BETWEEN A DEED AND AN AGREEMENT EDIT

The main difference between a deed and an agreement is that the deed is generally
signed by only one person / party. Examples of a deed are deeds of hypothecation for
creating charge on movable properties in favour of the banks/financial institutionsetc.

An agreement by its name suggests that there should be at least two parties
signing/approving the same. Examples of an agreement are agreement to sale, loan
agreement etc.

At common law, ownership was proven via an unbroken chain of title deeds. The
Torrens title system is an alternative way of proving ownership. First introduced in South
Australia in 1858 by

Sir Robert Torrens and adopted later by the other Australian states and other countries,
ownership under Torrens title is proven by possession of a certificate of title and
thecorresponding entry in theproperty register. This systemremoves risks associated
with unregistered deeds and fraudulentor otherwise incorrect transactions. It is much
easier and cheaper to administer, lowering transaction costs. Some Australian
properties are still conveyed using a chain of title deeds - usually properties that have
been owned by the same family since the nineteenth century - and these are often
referred to as 'Old System' deeds.

WILD DEEDS EDIT

A deed that is recorded, but is not connected to the chain of title of the property, is
called a wild deed. A wild deed does notprovide constructive notice to later purchasers
of the property,because subsequent bona fide purchasers cannot reasonably be
expected to locate the deed while investigating the chain of title to the property. Haupt
has stated that Because title searching relies on the grantor/grantee indexes, it's
possible that a deed won't be discovered even though it was recorded. "Example:
Atwood sells his land to Burns, but Burns does not record his deed. Burns later sells the
land to Cooper, and Cooper records her deed. But because the previous deed (the
deed from Atwood to Burns) was not recorded, Cooper's deed is outside the chain of
title. In a title search, someone looking up Atwood's name in the grantor index would
find no indication that Atwood conveyed the property, and nothing would lead the
searcher to Cooper's deed." A deed that is outside the chain of title is called a wild
deed. The general rule is that a subsequent purchaser is not held to have constructive
notice of a wild deed.

In the example, Cooper's title is unprotected against subsequent good faith purchasers.
Suppose At wood were to fraudulently sell the same property to another person, Dunn.
A court would rule that Dunn has good title to the property, not Cooper.

A wild deed has been described as a deed "executed by astranger to the record title
hung out in the air like Mahomet's coffin."[11] Mahomet is an archaic spelling of
Muhammad. There is a legend that the Prophet Muhammad's coffin was suspended
without visible supports, from the ceiling of his tomb, just as a wild deed just hangs
there, not touching the chain of title.

Deed of Trust

THIS DEED OF TRUST (the "Trust") dated this 8th day of March,

2017

BETWEEN:

_________________________ of ______________________________

__________(the "Trustor") OF THE FIRST PART

- AND -_________________________ of ______________________________

__________(the "Beneficiary")OF THE SECOND PART

- AND -_________________________ of ______________________________

__________(the "Trustee")OF THE THIRD PART

Background

A. The Trustor, being registered as owner of the estate in the following described property (the
"Property") located at ________________________________________ in ____________________,
State of , United States with the following legal
description:___________________________________________________________________________
_____________________________________________________________________________________
_________________________________________________________________________.

B. Any buildings or structures on the Property and anything now or later attached or fixed to the
buildings or the Property including additions, alterations and improvements located on, above or below
the surface of the Property are covered by this Trust. However, no additions, alterations or
improvements will be made by the Trustor without the Beneficiary's prior written consent. Any
addition, alteration or improvement will be subject to all recorded easements, rights of way, conditions,
encumbrances and limitations, and to all applicable building anduse restrictions, zoning laws and
ordinances, if any, affecting the Property.

IN CONSIDERATION OF the sum lent to the Trustor by the

Beneficiary, in the amount of $_______________ U.S. DOLLARS (the

"Principal Amount") the receipt of which the Trustor does hereby

acknowledges itself indebted, the parties to this Trust agree as

follows:

U.C.C. Security Agreement

It is agreed that if any of the Property herein trusted is of a nature

so that a security interest in the Property can be perfected under

the Uniform Commercial Code, this instrument will constitute a

Security Agreement and Trustor agrees to join with the

Beneficiary in the execution of any financing statements and to

execute any and all other instruments that will be required for the

perfection or renewal of such security interest under the Uniform

Commercial Code.

Governing Law

This Trust will be governed by both the law of and any applicable

federal law ("Applicable Law"). All rights and obligations

contained in this Trust are subject to any requirements and

limitations of Applicable Law.

MATTERS RELATING TO PAYMENT

Promise to Pay

The Trustor, for value received, promises to pay to the

Beneficiary, on demand, the Principal Amount, interest and all

fees and costs on the terms set out in this Trust or in any

amendment, extension or renewal of the Trust and any additional

amounts secured by this Trust on the terms elsewhere provided

for such debts and liabilities.

Interest

The Trustor agrees to pay the Principal Amount with interest

before and after maturity and before and after default at the rate

of _______________ percent calculated per annum and

compounding annually (the "Interest Rate"). The Interest Rate will

be calculated from the date this Trust begins (the "Interest

Adjustment Date") and accrues until the whole of the Principal

Amount is paid. The Loan will be repaid on the following terms: the Principal and interest will be repaid
in consecutive monthly installments of $_______________ each on the 1st of each month; the Interest
Adjustment Date for this Trust is March 8, 2017; and the balance, if any, of the Principal Amount and any
interest and any other moneys owing under this Trust will be dueand payable on March 8, 2017 (the
"Maturity Date").

Place of Payment
The Trustor will make monthly payments at

_____________________________________________ or at a locationlater specified by the Beneficiary.

Funds for Escrow Items

The Trustor will pay to the Beneficiary, on the day periodic

payments are due under this Trust, a sum (the "Funds") to

provide for payment of (a) all taxes, assessments and other

charges against the Property; (b) ground rents or other lease

payments on the Property; and (c) premiums for any and all

insurance required by Beneficiary.

REFERENCES.
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2. Wikipedia
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Yale University. Retrieved 1 January 2015.
7. Stimpson, Frederic Jesup (1881). "Deed". Glossary of TechnicalTerms, Phrases
and Maxims of the Common Law. Boston: Little, Brown and Co. p. 108.
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