Deeds of Conveyance


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Deeds of Conveyance
Joby Castine
© 2019

Deeds of Conveyance - Table of Contents

Deeds of Conveyance
is a comprehensive survey of the statutory and case law concerning all aspects of transfer of title by deeds in South Carolina. It is a valuable tool and handy reference for any attorney who may be drafting or reviewing deeds. Deeds permeate almost every area of the practice of law. It is not a “boutique” concept limited just to real estate practitioners. Knowledge of how to properly draft and review deeds is even more essential for those who do not practice in the arena of title law on a regular basis; e.g. family law attorneys whose clients own real estate with a spouse; estate planners and tax specialists whose clients own considerable wealth in real property; general practitioners asked to prepare deeds transferring title to real property subject to life estates or restrictive covenants; business transaction attorneys whose corporate clients buy and sell real estate assets; lawyers assisting clients with the administration of an estate where the decedent died owning real property assets, or representing a purchaser from the estate of a decedent; and litigators retained to prosecute or defend lawsuits where ambiguous or improperly executed deeds create title disputes.
 
As noted in the Preface, many deeds being executed and recorded today contain errors rendering them invalid to transfer title, or are so vague and indefinitive as to require litigation to construe their effect.  Deeds of Conveyance contains a full seventeen chapters and an appendix of information to assure that lawyers drafting deeds will be scriveners of instruments and not “scribblers”, and clients and appellate courts will never use the following words of Shakespeare in describing deeds lawyers draft:
 
This is a sorry sight. Macbeth, II, ii
What a poor instrument. Anthony and Cleopatra, V, ii
Here are a few of the unpleasant'st words
That ever blotted paper. Merchant of Venice, III, ii
O! who hath done this deed? Othello, V, ii
Hang him with his pen and
Inkhorn about his neck. Henry VI, Part 2, IV, ii
 
 
Deeds of Conveyance begins with a historic perspective on how the law of deeds/conveyancing developed in England and later in South Carolina. Much of the law concerning deeds has not changed in hundreds of years so this information is not just academic, it is still practical and useful.
 
The book then deals with the basics: (1) types of deeds used in South Carolina; (2) the parts of a deed; (3) necessary parties to deeds and (4) the legal capacity of those parties to execute deeds of conveyance. The book addresses the issue of sufficient consideration to support a deed as well.
 
Chapter Six is perhaps the most important chapter in the book since it examines in great detail the proper execution of deeds to ensure that they are valid to convey interests in real property.
 
Deeds of Conveyance also addresses the type of estates which may conveyed by a properly executed deed before going into the types of exceptions, reservations, conditions and restrictions which may be included in a deed. The appendix sets out samples of deed forms for the practitioner.
 
The dissertation then delves into the issues related to real property owned by a decedent at the time of death. It explores the topics of deeds of distribution, deeds from personal representatives and “912” agreements. 
 
The book then moves on to sort out the complexities of ownership by conveyances to cotenants, including the several forms of concurrent ownership in South Carolina.
 
Deeds of Conveyance offers guidance in drafting and reviewing deeds where rights to water, minerals and railroad tracks are involved, as well as deeds concerning air rights. Issues related to timber deeds, whether creating timber rights or analyzing a timber deed in the chain of title are also included. The publication offers insights and observations on how deeds should be reviewed during a title examination in order to verify that good title has been conveyed in the past, and may be transferred in the future. The chapter on deeds documents the rights of parties to installment purchase contracts and deeds executed pursuant thereto.
 
One chapter sets out in great detail the established rules of construction concerning deeds which are useful to title attorneys reviewing deeds in the chain, as well as to litigators who may have to argue the legal effect of a deed in court.
 
All in all, Deeds of Conveyance will be an extremely useful desk reference for any attorney who deals with deeds in any way.
 
Summary of Contents:
 
Chapter One: Introduction
Chapter Two: Parts of a Deed
Chapter Three: Types of Deeds
Chapter Four: Parties to a Deed
Chapter Five: Capacity to Execute Deeds
Chapter Six: Deed Execution
Chapter Seven: Consideration
Chapter Eight: Exceptions, Reservations, Conditions, Covenants and Restrictions
Chapter Nine: Present Estates Which May Be Conveyed By Deed
Chapter Ten: Construction of Deeds
Chapter Eleven: Concurrent Ownership
Chapter Twelve: Deeds and Title Examination
Chapter Thirteen: Deeds and Decedents
Chapter Fourteen: Deeds to Water, Minerals, Air and Tracks
Chapter Fifteen: Timber Deeds
Chapter Sixteen: Contracts for Deed/Bonds for Title
Chapter Seventeen: Deeds of Correction
Appendices:
  • General Warranty Deed
  • Limited Warranty Deed
  • Quitclaim Deed
  • General Warranty Deed Reserving a Life Estate
  • General Warranty Deed to Partnership by a POA Reserving Easement
  • General Warranty Deed from a Corporation to LLC
  • General Warranty Deed from LLC to Corporation
  • General Warranty Deed from LP to Sole Proprietorship
  • General Warranty Deed from GP to Unincorporated Church
  • General Warranty Deed from Trustees of Trust to Trustees of Trust
  • General Warranty Deed Joint Tenancy with ROS
  • General Warranty Deed TIC with ROS
 

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