quired and can be acquired in only one of two ways: (1) by being at some time expressly or impliedly granted by the owners of the other land, or (2) by being exercised for twenty years uninterruptedly. But once acquired they last forever, unless surrendered. CHAPTER XLV. DEEDS. 1. Definition. A deed of real estate is a written paper transferring the ownership from one person to another. It is when delivered a contract. Like a sale of personal property it is an executed contract, an agreement that something is done, not that something will be done hereafter. (See p. 86.) But there may be a contract for the future sale of land. The land does not however become the property of the buyer's until a deed is given.. All transfers of land by one owner to another are done by deed. 2. Necessity. A deed is necessary to every such transfer. Thus if A should sell land to B, and B should take possession of it without a deed, nevertheless it would not be a transfer of ownership. The property would still belong to A. No matter how full and how clearly proven the oral agreement was it would be of no avail. A contract for the future sale of real estate must also be in writing. The reason for this is the same as that which requires writing in other cases, viz., that the act is so important a one that the evidence of it should be something more certain and enduring than spoken words (p. 22). 3. Contents. The forms of deeds in use in the different States differ from each other in some particulars. In each State also we shall find two or three different forms in use. Again, most deeds contain clauses which, though valid and binding agreements upon the parties, are not necessary parts of the deed, as a deed (sec. 11). But there are certain provisions which every deed must contain in order to be a deed and transfer the ownership. These are five in number: (1) the name (or, other identification) of the party to whom the property is transferred, (2) an adequate description of the property, (3) some appropriate words of transfer, (4) the signature of the owner, and (5) a seal. On p. 298 is given a form of what is called a full covenant and warranty deed. It has been in use many years, and contains many words which in very many cases would be of no use. The clause a down to the words "in consideration," the clauses b and c, the signatures, and the seals, comprise all that is strictly necessary to transfer the ownership. We will consider the five essentials in order. * 4. Party. The party who is to take the property must be named. This does not mean that his full name must necessarily be used (though that is best), but simply that some one must be specified in the deed. A deed to no one is a nullity. If the place for the name is left blank, it must be filled up before the deed is delivered. If full ownership of the land is to be given it is necessary in a few States to add to the name the words, "and his heirs" (clause b). *That part of a beginning "in consideration" is useful and for some purposes, which we will not consider here, is necessary. Clause d is superfluous because a grant of the land in most cases includes all the things there named (p. 218, sec. 9). In clause e is usually inserted the provision showing what sort of ownership is to be given. Thus, if a life ownership is to be given, it should read at the end "for the term of his natural life" instead of "forever." As it stands in the form it simply repeats the last part of clause b. 5. Description. The property must be described with sufficient distinctness to be distinguished from all other property. Yet the description need not be as exact as in the form given (clause c). In country property it is usual to describe it with reference to the property of neighbors, e.g., “five acres bounded westerly by the land of Mr. B., northerly by land of the late . . . " etc. Any description which identifies it is sufficient. Thus, "my farm on the Bronx" would suffice, unless I owned two farms on the Bronx. ... " 6. Words of Transfer. The words of transfer commonly used are "grant, bargain, sell and convey," oftentimes with others. Probably in most cases the use of one word, such as "grant," would be sufficient, though it is advisable always to use all of them and to follow the forms. One form of deed which is used without covenants (called a quit-claim deed) has the words "remise, release and quitclaim." They have substantially the same effect as the other words given. The deed should also specify the kind of ownership to be given, whether full ownership, life ownership, etc., whether absolute or conditional, etc. Full and absolute ownership would ordinarily be implied unless it expressly provided otherwise.* 7. Signing. In most of the States a deed must be signed, with the owner's name. It need not be signed by the one receiving the land. If the person cannot write he must make his mark, and his name must be signed by some one else. Instead of being done personally it may be done by an agent, but his authority to do so must be in a written instrument signed by the owner himself. The wife or *In deeds, as in all contracts, the kind of language used, whether English, German, or any other, and whether good or bad in spelling or grammatical construction, is of not the slightest consequence legally, provided that the meaning can be gathered from the paper. husband of an owner should sign it with him or her, for we have seen that they have a possible future interest in each other's property (p. 212, sec. 4). In many States, also, one or two witnesses must sign the deed. 8. Seal. A seal is a necessary part of a deed in most States. It may be a piece of paper wafered or gummed to the instrument, and in many States it is sufficient if a circle or scrawl is made with the pen opposite the signer's name. Any one may attach the seal provided it is done before the deed is delivered. Note to Teacher.-In matters of detail concerning the form and execution of deeds, mortgages, etc., there is much diversity among the States. For particulars in those respects reference should be had to the Statutes of the particular State, and to the blank forms to be obtained at the stationer's. 9. Delivery.-Delivery of the executed deed to the party to whom the property is transferred is the last and most important act of all, and without it there can be no transfer. It is the act which gives efficacy to all. The conveyance takes effect from the time the delivery is made. Thus after the deed is drawn and signed, it may be destroyed or kept in the signer's possession; the property still remains the former owner's. But if finally delivered, even though it should be years afterward, the ownership would immediately change. After delivery the loss or destruction of the deed would not change the ownership. Delivery may be made to the party himself or to any one authorized to receive it for him, and a person may be so authorized orally. We may add, that to make a transfer the deed must also be accepted. No one can be made an owner by deed without his consent. 10. Acknowledgment is not generally necessary to make a deed complete and binding upon the person signing it, but it is mentioned here because it is commonly practiced, and is very useful and essential for some purposes (see p. 234 sec. 7). It is made before delivery of the deed, and consists of two acts: (1) The party's going before a certain officer to whom he is known, and acknowledging to him that the deed is his own deliberate act, and (2) that officer's attaching to the deed his certificate that the party has done so. Each State designates certain officers before whom acknowledgments of deeds and other instruments affecting land in that State may be made. Notaries Public and Commissioners of Deeds are the most numerous classes. The exact form of the acknowledgment and of the certificate differs in the different States (form 42). In some States an affidavit made before the officer by a witness who has signed the deed will take the place of an acknowledg ment (form 43). 11. Covenants.-So far we have considered the essentials of a deed; but many deeds contain additional agreements called covenants. They, though not a part of the deed as a deed, being merely personal agreements relating to the land, are often very valuable to the purchaser as security, their purpose being to secure him in the possession of the property or to reimburse him if some one with a prior right takes it from him. The six covenants, f, g, h, i, j and k, in the form, are all used together in some States; others use only some of them; and very frequently only the last one, k, is used. The clauses f, g, h and k have nearly the same legal effect, and we will consider them together. In every sale of personal property the seller impliedly guarantees his ownership, i.e., agrees to reimburse the buyer if the property turns out not to be his (p. 95). But there is no such implied agreement in the sale of real estate. By simply granting the land without covenant the seller only grants such right as he has, and if some one else proves himself to |