DEED, an instrument in writing or in print, or partly in each, comprehending the term of a contract or agreement, and the evidence of its due execution be tween parties legally capable of entering into a contract or agreement.
In the United States, the formalities required for the transfer of real estate are governed by local laws. Generally throughout the States, signing, sealing, attestation, acknowledgment, and de livery are the essential requisites of a valid deed of conveyance. The usual form of attestation being "signed, sealed, ac knowledged, and delivered in the pres ence of us witnesses," then follow the names of the subscribing witnesses. The grantor must himself sign the deed, or if it is signed by his agent he must adopt the signature as his own in the presence of the subscribing witnesses and the commissioner or other qualified officer. In the United States, a "deed," techni cally speaking, is an instrument under seal; hence a seal, although a mere for mality, is essential, except in those States in which seals have been abol ished by statute. Neither wax nor wafer is necessary for a seal, although a wafer is generally used. A scroll with a pen inclosing the letters "L. S." is a seal within the meaning of the law, if it is the intention of the party appending it to adopt it as his seal, and by its use a specialty is created, the same as by the use of wax or wafer. It is not necessary to refer to the fact of sealing in the attestation clause. The number of wit nesses required is governed by statutes in most of the States. Generally two are required, hut in some of the States only one witness is necessary if the grantor can read. It has been held that inde pendent of any statute, a deed signed, sealed, and delivered, without being ac knowledged or recorded, is valid as be tween the parties and their privies, but the provisions of a local statute as to the execution of a deed must be strictly fol lowed, or the deed is inoperative.
Delivery, although essential to the validity of a deed, need not be formally made in the presence of witnesses, but may be a matter of circumstance. A deed takes effect from the date of actual delivery, or the date of record. Every where in the United States it is the law that deeds of conveyance must be re corded either in the proper office of the county in which the land lies—or if the conveyance be by grant or letters patent from the State or United States, the rec ord must be made in the land office of the State or United States. record ing of a deed has the force of seisin and possession under the English law. Any estate less than a fee may be conveyed by deed with single acknowledgment, but if the estate sought to be conveyed is a fee, the husband and wife must join in the deed and acknowledge it sepa rately. Deeds of conveyance of lands sold at judicial sale, or for taxes for several successive years and unredeemed made by the sheriff of the county, and deeds made in pursuance of a decree of court by the officer appointed for that purpose, are as effectual as if made by the grantor and his heirs, and must be executed with the same formalities and recorded within 15 days; neither is it necessary to set forth in the deed as a part of the title the proceedings which culminate in the decree of sale. Federal decisions as to the formalities necessary to the execution of a deed are appa rently conflicting. This arises from the application of the principle that land or property must be governed by the law of the place in which it is situated, and the lack of uniformity of State laws upon this subject. The United States laws are applicable only to lands belong ing to the United States and those lo cated within the territories.