Many people think you get a fancy document like a car title when you purchase land. That’s not exactly the case with real property. You get a sort of proof of purchase showing who sold you the land. This document is called a deed. It is signed by the the grantor and shows to whom the land is given, the grantee. It shows whom deeded you title to the land.
The tradition of deeding dates back to medieval Anglo Saxon traditions which formed the basis for our common law legal system in the United States. The deed is posted to record with the public recorder’s office. This informs the greater community as to who has rights to the land. Accompanying this maybe deed restrictions; a common example being the right to mine, mineral rights. A patent title would be an original owner with the full bundle of rights to the land, that is, no deed restrictions.
The founding fathers of the United States adopted the English legal system but did not assume the feudal system in which a monarchy owns all land. In the feudal system a king can grant entitlements to nobility including hereditary rights but ultimately that land always reverts to the monarchy. Title to land could not be deeded by anybody outside the crown.
The founders chose to implement a system similar to Greek Land Reform. In Greece the ruling class could be alienated from the land and individuals could be deed land to each other. This practice of patenting title to individuals allowed them to improve upon the land, rent, and sell the land to others.
After the revolutionary war all of the crown’s lands in the now United States were seized. The new government sold patent title to individuals funding the nation in absence of a formal tax structure. This process government patenting title to land and individuals deeding it defines the legal president for land ownership in the United States.
There’s much more to land title such as chain of title, legal description, warranties, restrictions, covenants, methods of holding title, easements, affidavit of value, estoppel, liens, police power, and more which are topics for another day. We make use of land title companies in Arizona where I practice real estate. These companies insure and help with title intricacies. For all intensive purposes, your deed is the document which demonstrates your title to the land.
Need to sell a home?
Homes are attached to land otherwise referred to as a fixture of the land. The process applies of deeding title to land in Arizona which includes the fixtures on it. This is typically expressed in a written contract in which the land owner and buyer agree to sale terms. Consideration typically money is used for the purchase. Consider a devoice for instance, where consideration may be love and affection in the settlement of the joint estate. You could trade a number of ways but the most widely accepted is good old dollars for the deed.
I have been practicing real estate as a salesmen and now associate broker for over 14 years. I know my craft and would love to advise you in your sale so let’s chat. You can contact me using the form below and we’ll make sure you have nothing short of a stellar experience to an otherwise intimidating task.