Deed Defined - Essential Requisites of - Orderly Parts of - The Several Kinds of Deeds - Two Estates in One Parcel of Land; Deeds Conveying Same - Control of Husband - Corporation Deeds - Ratification by Stockholders of Mining Ground - Acknowledgment: Particulars as to Taking and Certifying Same - Delivery: Absolute and in Escrow - Recording: Object of the Recording Laws - What is Necessary to Entitle an Instrument to Record - Unrecorded Instrument Void, When - Who is a purchaser in Good Faith - Analysis of a Deed, Showing the Several Orderly Parts, With Examples of the Apt Words and Phrases Ordinarily Employed in Each Part, Exhibiting to the Reader of What the Several Parts Consist, and Enabling Him To See Them All, Eying Together, in Minute Detail, According to Some System - Comments on the Foregoing Analyzed Deed, and Explaining Fully as to Date, Parties, Recitals, Consideration, Operative Words, the Use of the Word "Grant," Description, the Three means of Ascertaining the Quantity of Land - Reservation, Habendum, Conditions, Covenants, Personal, and Running With the Land - Testatum Clause - Signature, Seal and Witnesses.
Sec. 80. A Deed is an executed contract in writing. It differs from some executed contracts in this respect, that it is signed ordinarily by only one of the parties. A deed, by the owner of land, duly signed and acknowledged by him and delivered to the grantee, conveying land to the latter in fee simple, is one of the most solemn of civil acts.
Sec. 81. The essential requisites or circumstances attending the execution of a deed, are:
(1.) The writing of the deed on paper or parchment.
(2.) Parties competent to make a contract.
(3.) Sufficient consideration.
(4.) A description of the land conveyed sufficient to identify it.
(5.) The signing of the deed.
(6.) The delivery of the deed by the grantor to the grantee.
Sec. 82. The Orderly Parts of a deed are:
(1.) The Premises - The date; the names of the parties, the grantor and the grantee, and their places of residence; the recitals, if any; the consideration, and the receipt thereof.
(2.) The granting clause, to indicate the estate transferred.
(3.) The description of the land.
(4.) The exceptions, if any. (This clause is known as the "Reddendum .') '
(5.) The Habendum, or clause beginning "To Have and to Hold."
(6.) Covenants of warranty and the like.
(7.) Conclusion - Testatum clause; signature; acknowledgment.
Sec. 83. The several kinds of deeds take their designations or titles from the quantity of the estate conveyed, or from the capacity in which the party acts who executes them, and are known as Grant, Bargain and Sale Deeds, Quitclaim Deeds, Warranty Deeds, Deeds of Gift, Sheriff's Deeds, Tax Collector's Deeds, Guardian's Deeds, Administrator's Deeds, Corporation Deeds, etc. Deeds executed by Sheriffs, Tax Collectors, Guardians, etc., are made under order of court or in pursuance of law. The correct forms of deeds for the several States may be obtained from stationers.
Sec. 84. A Quitclaim Deed is used to dispose of any apparent interest which one may have in real estate, in order to perfect the title in the grantee, or present owner.
Sec. 85. There may be two estates (Sec. 9) in the same parcel of land, each owned by different individuals or corporations, as, for instance, a mineral estate and an agricultural estate. See Form No. 18 where the surface is conveyed and the minerals retained, and Form No. 19 where the minerals (oil, etc.) are conveyed.
Sec. 86. The subject of Deeds will be considered under the successive steps of execution, acknowledgment, delivery and recording. For other particulars, not here given, see "Analysis of a Deed," and comments thereon, Secs. 91 and 92.
Sec. 87. Execution.
(a.) The husband has the management and control of the community property (defined Chapter 1, Sec. 14) with as absolute power of disposition, other than testamentary, as he would have of his separate property; but he cannot make a gift of it, or convey it without a valuable consideration, unless the wife consents in writing thereto. For this reason, the practice is to have the wife join with the husband as a party to, and in the execution of, all deeds executed by them during marriage. The separate property of the husband or wife is that owned by either before marriage and that acquired afterward by either, by gift, bequest, devise or descent. The wife may, without the consent of her husband, convey her separate property. Such is the rule in California.
(b.) A deed executed in the name of a corporation, must be authorized by its Board of Directors. The powers of a corporation must be exercised and its property controlled by its Board of Directors, and a decision of a majority of the Board made, when duly assembled, is valid as a corporate act. The Directors, when not acting as a Board, have not the necessary power. The corporate seal should be affixed to a deed, or any other instrument relating to real estate, executed by the officers of a corporation. Unless the statutes require, it is not essential to the validity of a deed by a corporation that the deed contain a recital of the authority to execute the deed. The evidence of the authority of the officers of a corporation to execute a deed is contained in the resolution of the Board of Directors. In California, a certificate signed by the Secretary of a corporation, with the corporate seal affixed, is prima facie evidence of the facts therein recited. Among conveyancers, the best practice is to prefix or affix a certified copy of the resolution to the deed to which it relates, and the two then go of record together, thus making the record more complete. (See Form No. 18.) Where a corporation has a number of deeds to be executed at various dates, a general resolution (See Form No. 20) may be adopted, and when certified, acknowledged and recorded, it has the same effect as would a corporate power of attorney.