The purchaser should require of the seller evidence that the title to the land is straight and clear; if not, exactly what the defects are. This is done through an abstract of title, which should be prepared by a competent lawyer. This is not an official document, and its value depends largely upon the ability and watchfulness of the party making the abstract. Ownership of land is conveyed by means of a deed. A deed is an instrument conveying at least a life interest in the land. Care should be taken that the deed contains the essential parts and that it is properly executed.
DEEDS
Deeds are of two kinds: Quit claim deeds, which convey all the rights, title and interest which the seller has in the land, but does not warrant the title; and warranty deeds, which, in addition to what a quit claim does, contain covenants which agree that the seller and his heirs, etc., shall warrant and defend the title to the purchaser against the lawful claims of all persons.
THE REQUISITES OF A DEED
The requisites of a deed are: The parties to the deed, the consideration, the description; and with a warranty deed, the covenants. The seller must be of full age, sound mind and if married his wife should always join in the deed. Her name should appear following his at the beginning of the instrument. She should sign and acknowledge the deed, and the certificate of acknowledgment should state that she is the wife of the seller. If the seller is a married woman, her husband does not need to join in the sale of her own property. It is customary to state the consideration upon which the deed is given, but this is not necessary, nor will a false statement as to the amount paid invalidate the deed.
The description of the land conveyed should be as minute and careful as possible, and preferably in the exact language of former deeds. In case former description is in error, it should be referred to and correct description given. Where land is conveyed by metes and bounds, this description governs, although it may not convey the number of acres of land stated. In describing boundaries the location of monuments takes precedence of distances mentioned.
EXECUTION OF THE DEED
A deed must be signed, witnessed, acknowledged, delivered and recorded. In some states deeds must be sealed, but in other states the law has dispensed with this formality. Witnesses to deeds are not required in all states. Some states require one, but usually two witnesses are required. The parties signing the deed are required to appear before an official designated by statute, usually any magistrate, justice or notary public, and acknowledge the same to be his or her free act and deed.
A deed has no effect until delivered, and should be immediately recorded by the purchaser. Generally an unrecorded deed is not good as against a subsequent purchaser in good faith. It is well to note that the laws relating to the transfer of land are those of the place where the land lies and not necessarily those of the place where the deed is made.
METHOD OF LAYING OUT PUBLIC LANDS