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13th century Deed of Gift. A deed of gift is a signed legal document that voluntarily and without recompense transfers ownership of real, personal, or intellectual property – such as a gift of materials – from one person or institution to another. [1] It should include any possible conditions restricting access, use, or preservation of the ...
The donee must accept the gift in order for the property transfer to take place. [1] However, because people generally accept gifts, acceptance will be presumed, so long as the donee does not expressly reject the gift. [2] A rejection of the gift destroys the gift, so that a donee cannot revive a once-rejected gift by later accepting it.
Notarial certificates come in full forms or short forms. A full form includes preamble information like the date, venue, appearer's appearance, proof of identification, and so forth, as well as the principal attestation. A short form usually only includes the venue, date, and "attestation clause". Both are then ended with a "testimonium clause".
A bona fide purchaser (BFP) – referred to more completely as a bona fide purchaser for value without notice – is a term used predominantly in common law jurisdictions in the law of real property and personal property to refer to an innocent party who purchases property without notice of any other party's claim to the title of that property.
A quitclaim deed may also be used to transfer title of a property to a purchaser following a foreclosure auction. Typically such a deed will not warrant that the property title is free and clear, and it remains up to the grantee to check that the property is not subject to any legal encumbrances. [11]
The names of these offices are usually the "Recorder of Deeds" or something similar. State statutes also prescribe the following elements: What instruments are entitled to be recorded, usually deeds, mortgages (whether or not in the form of deeds of trust), leases (usually longer term varieties), easements, and court orders. There is generally ...
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