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Checklist--Drafting a deed

Author johnbsims3
Admin Male

#1 | Posted: 19 Oct 2006 15:58 
Checklist--Drafting a deed

1. Date of conveyance.

2. Names and addresses of grantor and grantee.

3. Status of grantor and grantee, such as married, single, minor, partnership, or corporation.

4. Nature of ownership of grantor, such as tenancy in common, joint tenancy with right of survivorship, partnership interest, or estate held in severalty, etc.

5. Recital of consideration.

6. Words of conveyance.

7. Description of property.

8. Property and interests excepted or reserved.

9. Extent of interest transferred, including such matters as incidents and appurtenances.

10. Obligations to which transfer is subject.

11. Restrictive covenants, conditions, and other limitations on estate conveyed.

12. Covenants of seisin or good right to convey, quiet enjoyment, warranty, freedom from encumbrances, further assurances, nonencumbrance by grantor.

13. Time when interest should vest.

14. Application of special statutes.

15. Date of execution.

16. Signatures.

a. Signature of grantor(s).

b. If homestead is conveyed, signature of grantor's spouse (for joinder).

c. If grantor is corporation, signature of duly authorized officer, signed in the name of the corporation.

d. Signature of witnesses.

17. Attestation.

18. Use of seal where appropriate.

19. Acknowledgment.

20. Name and address of person preparing deed.

21. Post office address of grantees, for tax purposes.

Checklist--Additional matters to be considered when drafting deed with reverter

1. Title or label indicating presence of a condition or reversion.

a. Description of condition as a reversion.

2. Event causing reversion.

a. Death of named individuals.

(1) Class.

(a) Last member.

(b) Whether class can open and under what circumstances.

(c) Effect of missing member.

(i) Presumption of death.

b. Other personal events.

(1) Occurrence (or failure to occur) of marriage, divorce, death, children, or other personal matters.

c. Occurrence of event or failure of event to occur.

(1) Description of event.

(a) Failure to erect structure or other improvement.

(i) Minimum cost.

(A) Evidence of cost.

(b) Erection of prohibited structure.

(i) Description of permitted construction.

(c) Failure to begin operations.

(i) Description of operations.

(ii) Minimum expenditures or sales.

(iii) Evidence of compliance.

(d) Abandonment.

(i) Description of acts or failure of acts that constitute abandonment.

(ii) Period of time.

(e) Failure to achieve sales of stated amount.

(f) Failure to maintain premises in described condition.

(g) Failure to use for described purpose.

(i) Description.

(A) Park.

(B) Open space or sanctuary.

(C) Club.

(D) Other.

(h) Failure to maintain as open space.

(i) Construction prohibited.

(ii) De minimis exceptions.

(2) Date by which failure must take place.

(a) Status if failure occurs after stated date.

(b) Events extending time.

(i) Strikes, war, other.

(c) Failure continues after notice.

(i) Period.

(ii) Alternatively, no notice required.

(A) Continual failure for stated time.

3. Reversion.

a. To grantor, heirs, or assignees.

(1) Right of grantor to assign or bequeath.

Documents and Publications Florida Homestead Services - Florida Homestead Exemption Act Forum / Documents and Publications /
Checklist--Drafting a deed
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