Also known as: deeds · deeded · conveyance instrument
Written by attorneys — see sources below.
A written instrument that transfers title to real property from a grantor to a grantee. Delivery and acceptance complete the conveyance. Recording provides constructive notice to subsequent purchasers.
Diego Duarte contracts to sell his warehouse to Desert Oil. Before closing a fire destroys the building. Under the majority rule the buyer bears the loss and must still pay the full price at closing when the deed is delivered.
Dylan Duffy sells a retail center to Dynamic Solutions by warranty deed. After closing the buyer discovers an undisclosed lien. The contract's title warranty merges into the deed and the buyer cannot sue on the contract.
Darrell Duncan executes a transfer on death deed naming his niece as beneficiary. At his death the niece records the deed and receives title without probate proceedings.
Deborah Dunn buys a home from Derek Douglas. The contract requires the seller to repair the roof before closing. After the deed is delivered and accepted the buyer cannot enforce the repair promise because it merged into the deed.
Demetrius Douglas purchases land from Dixon Foods. An easement recorded in an unrelated chain from the same original owner is outside the chain of title and does not bind the buyer.
Drake Logistics sells property to Dixon Foods under a contract containing a merger clause. After closing the buyer cannot enforce an oral side agreement about parking rights that was omitted from the deed.
Under the majority rule risk passes to the buyer at contract formation. The seller holds legal title as trustee for the buyer until the deed is delivered.
Merger discharges contractual promises not embodied in the deed. Claims for fraud, mutual mistake, or collateral promises may survive.
A transfer on death deed allows an owner to designate beneficiaries who receive the property automatically at the owner's death without probate.
A purchaser receives constructive notice only of instruments appearing in the chain of title through which title is claimed. Instruments recorded outside that chain do not provide notice.
…by the State; and the right to exemplary or punitive damages. Furthermore, state decisions construing local deeds, mineral conveyances, and even devises of real estate were disregarded. In part the discrimination resulted from the wide range of persons held entitled…