Deed

Deed, in law, written instrument that transfers an interest in real estate, or some other such solemn written instrument, including trust indentures, and certain contracts. A modern deed usually consists of several distinct parts. It opens with the identification and description of the grantor, that is, the party disposing of the interest, and the grantee, to whom it is being transferred. Next, the deed may recite that the grantee gave money, an equivalent, or some other valuable consideration to the grantor to execute the deed. The property in which the interest is being transferred is then described where the deed transfers land by reference to a tax map, a former deed, surveyor's marks, street lines, or to other ascertainable points. After the habendum clause, which specifies the estate being created, the grantor signs his or her name. Lastly, a notary public or other person empowered to take oaths certifies on the deed that the grantor came before him or her and acknowledged being the party who executed it.

A deed is only valid when it has been delivered, that is, when a formal statement or indication by the grantor that he or she intends to be bound by the deed has been given. A deed may be delivered in escrow, meaning that it does not take effect until a condition is fulfilled, such as the payment of money owed to the grantor.

A deed may be described as either a deed poll, if it involves only one party, or as an indenture, if it carries out dealings between two or more parties. More commonly today, deeds are referred to by their function, such as conveyance, a mortgage, or release.