Deed - Structure

Structure

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 ownership of 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 the payment 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 by conveying 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.) or interest to be taken by the grantee
  • 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 grantee
    • general: 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 - 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.
      • Ireland: In Witness Whereof the parties hereto have hereunto set their hands and affixed their seals .
      • Scotland: IN WITNESS WHEREOF these presents, consisting of this and the preceding pages, are subscribed by at on the day of Two thousand and in the presence of of .