Three Steps for Property Deed Writing

Robert C. Young reports:

"Deeds are used to transfer interest in real property...Each deed type is used in different situations, but they all share common characteristics: [T]hey all must be in writing; all parties must be described (named); all parties must be competent to convey or receive the property; the property must be distinguished from other parcels; there must be words of conveyance; the deed must be signed by the grantor; and the deed must be delivered to the grantee...Write, on a blank sheet of paper, a granting statement along the lines of 'I (grantor's name) hereby grant (property address) to (grantee's name). . . .' Consideration (money or other thing of value) is not a requirement of a valid deed, nor are witnesses...Include a description of the property being conveyed. The description may be a legal description copied from another deed for the same property, the book and page number of a recorded deed[,] or a professionally prepared survey. Include the current street address, although addresses and street names sometime[s] change over time, while legal descriptions do not...Sign and date the deed. Only the grantor is required to sign. The deed becomes valid when it is delivered to the grantee. Under California law, a deed is considered 'delivered' when the grantor signs it with the intent of immediately and unconditionally transferring his interest to the grantee...Recording or filing the deed with the county recorder is not required to make the deed valid, but is recommended to protect the interest of the grantee from subsequent conveyances of the same property."