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Parts of a Deed

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FLORIDA REAL ESTATE SALES ASSOCIATE COURSE

Title, Deeds And Ownership Restrictions

Section 26 of 39

A deed isn't just a paragraph of text. It has specific sections (clauses) that do specific legal jobs.Premises: The intro section. It lists the names of the parties and the date.Consideration: Something of value given in exchange. Usually money.Granting Clause (Words of Conveyance): The most critical sentence. It states the intent to transfer.Phrase: "I hereby grant, bargain, and sell..."Habendum Clause (The "To Have and to Hold" Clause):Function: It defines the type of estate being conveyed (e.g., Fee Simple vs. Life Estate). Habendum sounds like "Have 'em done." It tells you the limits of ownership.Covenant of Seisin: A promise that the Grantor actually owns the land and has the legal right to sell it.Translation: "I promise I'm not selling you the Brooklyn Bridge."Deed Restrictions: Rules limiting future use (e.g., "No commercial businesses allowed").Exceptions and Reservations: Things the owner is keeping (like mineral rights) or existing burdens (like an easement for the power company).Appurtenances: Rights that "run with the land" (like parking spaces or water rights).Legal Description: The precise survey description (Lot and Block, Metes and Bounds).Delivery and Acceptance: The moment the deed actually works. The Grantor must deliver it, and the Grantee must accept it.
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