Composite Deed Form

Comparison of the different types of real estate deeds. 

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compositE deed form showing comparison of deed clauses and forms

A. Full Covenant Deed

B. Warranty Deed

C. Bargain and Sale Deed

D. Quitclaim Deed

E. Executor's Deed

F. Correction Deed

date and parties

A, B, C, D, F THIS INDENTURE made the _____ day of __________, 19___, BETWEEN _________________________, residing at _________________________, party of the first part, and ____________________, residing at ____________________, party of the second part,

E THIS INDENTURE made the _____ day of __________, 19___, BETWEEN _________________________, residing at __________________________, as Executor of the Estate of ______________________________, late of the City and County of Albany, deceased, party of the First Part, and _________________________, residing at ______________________________, party of the second part.

RECItal and granting of clause

A, B, C, F WITNESSETH, that the party of the first part, in consideration of ten dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever,

D WITNESSETH, that the party of the first part, in consideration of ten dollars paid by the party of the second part, does hereby remise, release and quitclaim unto the party of the second part, the heirs or successors and assigns of the party of the second part forever,

E WITNESSETH, that the party of the first part, by virtue of the power and authority given in and by said last will and testament, and/or by article 11 of the Estates, Powers and Trusts Law, and in consideration of [recite exact consideration paid by the party of the second part], does hereby grant and release unto the party of the second part, the distributees or successors and assigns of the party of the second part forever,

description

ALL All that certain plot, piece or parcel of land, with the buildings and improvements thereon situate lying and being in the

[enter description of property]

.

street clause

ALL Together with all right, title and interest, if any, of the party of the first part (or "decedent" if an Executor's Deed) in and to any streets and roads abutting the above described premises to the centerlines thereof.

being or same as clause

A, B, C, D Being the same premises conveyed to the party of the first part by _______________ by deed dated __________ and recorded in the __________ County Clerk's Office on __________ in Book _____ of Deeds, page _____.

E Being the same premises conveyed to decedent by _______________ by deed dated __________ and recorded in the __________ County Clerk's Office on __________ in Book _____ of Deeds, page _____, decedent having died a resident of __________ County on __________ leaving a last will and testament which was admitted to probate in __________ County Surrogate's Court on __________ with letters testamentary being issued to the party of the first part.

F The premises above described are the same as conveyed or intended to be conveyed by a prior deed between the same parties hereto, dated __________, and recorded in the __________ County Clerk's Office on __________, in Book _____ of Deeds at page _____, wherein the third course in the legal description was stated as "S 20 10' E" rather than "S 20 10' W" as herein above stated, and this deed is accordingly a Correction Deed given for the purpose of correcting the third course in said description and confirming the title thereby intended to be conveyed by the aforesaid deed dated __________.

exception

ALL Excepting from the above described premises a strip of land [enter description of premises being excepted] heretofore conveyed to _______________ on __________ by deed dated __________ and recorded in the __________ County Clerk's Office on __________ in Book _____ of Deeds at page _____.

reservation

ALL Reserving to the party of the first part herein an easement [enter description of premises being reserved].

subject clauses

Mortgage (No Assumption)

ALL Subject to a mortgage held by ____________________ dated __________ recorded in the __________ County Clerk's Office on __________ in Book _____ of Mortgages at page _____.

Mortgage (Assumption)

ALL Subject to an indebtedness secured by a mortgage upon said premises held by ______________________________, and recorded in the __________ County Clerk's Office on __________ in Book _____ of Mortgages at page _____, on which there is an unpaid principal of $__________ with interest from __________ at the rate of _____% per annum, which said mortgage debt the party of the second part hereby assumes and agrees to pay as part of the purchase price of the above described premises, and the party of the second part hereby executes and acknowledges this instrument for the purpose of complying with the provisions of section 5-705 of the General Obligations Law.

Easements, Covenants, Etc.

ALL This conveyance is made subject to all covenants, restrictions, conditions and easements of record.

Unrecorded Agreements

ALL This conveyance is made subject to all existing leases and tenancies whether oral or written, and to the right of the owner of the real property adjacent to the above described premises on the north to use the well located in the northeast corner of the above described property. (NOTE: This clause should prompt purchaser to inquire further as to extent of these encumbrances.)

appurtenance clause

A, B, C, D, F TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises.

E TOGETHER with the appurtenances, and also the estate which the said decedent has at the time of his decease in said premises, and also the estate therein which the party of the first part has or has power to convey or dispose of, whether individually or by virtue of said will or otherwise.

habendum clause

ALL TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever.

covenants

A AND the party of the first part covenants as follows:

B (only italicized text) that said party of the first part is seized of the said premises in fee simple, and has good right to convey the same; "that the party of the second part shall quietly enjoy said premises"; that the said premises are free from encumbrances, except as aforesaid; that the party of the first part will execute or procure any further necessary assurance of the title to said premises; and "that said party of the first part will forever warrant the title to said premises."

C (optional), E AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid.

D NONE

trust clause

ALL AND the party of the first part, in compliance with section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose.

witness clause

ALL IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written.

In presence of:

signatures

Individual /s/____________________

[party of the first part]

Partnership XYZ Associates*

by ____________________

General Partner

Corporation ABC Corp.

by ____________________

President

Attorney-in-Fact John Jones

by ____________________

Atty-in-Fact

Guardian Edward Brown, an infant

by ____________________

General Guardian

Executor _______________________

As Executor under Last Will &

Testament of John Doe, deceased

his

By Mark John ( ) Doe

mark

Witness to Mark ____________________________

____________________________

acknowledgments

INDIVIDUAL (even when signing with a mark)

State of New York )

) ss.:

County of __________ )

On this _____ day of __________, nineteen hundred and __________, before me came __________, to me known to be the individual described in, and who executed, the foregoing instrument, and acknowledge that he executed the same.

______________________________

Notary Public

PARTNERSHIP*

State of New York )

) ss.:

County of __________ )

On this _____ day of __________, 19_____, before me personally came ____________________, to me known to be the person who executed the foregoing instrument and who being duly sworn by me, did depose and say that he is a member of the firm of ______________________________, and that he executed the foregoing instrument in the firm name of ______________________________, and that he had authority to sign the same, and he acknowledged to me that he executed the same as the act and deed of said firm for the uses and purposes therein mentioned.

______________________________

Notary Public

CORPORATION with seal

State of New York )

) ss.:

County of __________ )

On this _____ day of _____, in the year one thousand nine hundred and __________, before me personally came ____________________, to me known, who by me being duly sworn, did depose and say that he resides at No. __________; that he is the __________ of ____________________, the corporation described in, and which executed, the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was affixed by order of the Board of Directors of said corporation; and that he signed his name thereto by like order.

______________________________

Notary Public

CORPORATION with no seal

State of New York )

) ss.:

County of __________ )

On this _____ day of __________, 19_____, before me personally came ____________________, to me known, who being by me duly sworn, did depose and say that he resides at ____________________, that he is the [president/other officer/director] of the ____________________, the corporation described in and which executed the above instrument; and that he signed his name thereto by order of the board of directors of said corporation.

______________________________

Notary Public

ATTORNEY-IN-FACT

State of New York )

) ss.:

County of __________ )

On this _____ day of __________, 19_____, before me personally came ____________________, to me personally known to be the person described and appointed attorney-in-fact in and by a certain power of attorney executed by ____________________, dated __________, 19____ (or to be recorded in the Office of the __________ of __________ County simultaneously with the foregoing instrument), and acknowledged to me that he had executed the foregoing instrument as the act of the said ____________________.

______________________________

Notary Public

GUARDIAN

State of New York )

) ss.:

County of __________ )

On this _____ day of __________, 19_____, before me personally came ______________________________, to me known and known to me to be the Guardian of ____________________, an infant, and to be the individual described in and who executed the foregoing instrument as such guardian as aforesaid, and he then and there duly acknowledged to me that he had executed the same, as the act and deed of such infant and such guardian and for the uses and purposes mentioned therein.

______________________________

Notary Public

COMMITTEE

State of New York )

) ss.:

County of __________ )

On this _____ day of __________, 19_____, before me personally came ____________________, to me known as the individual described in and who executed the foregoing instrument and known to me to be the committee of ____________________, an incompetent, the individual described in and who by said committee executed the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the incompetent pursuant to the order of the Supreme Court of __________ County therein recited.

______________________________

Notary Public

SUBSCRIBING WITNESS

State of New York )

) ss.:

County of __________ )

On this _____ day of __________, 19_____, before me personally came ____________________, the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. __________; that he knows ____________________ to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw said ____________________ execute the same; and that he, said witness, at the time subscribed his/her name as witness thereto.

______________________________

Notary Public

PERSONAL REPRESENTATIVE

State of New York )

) ss.:

County of __________ )

On this _____ day of __________, 19_____, before me personally came ____________________, to me known to be the [executor of the last will and testament of ____________________, late of __________ County, deceased; or, administrator of the goods, chattels and credits of ____________________, late of __________ County, deceased] and known to me to be the person described in and who executed the foregoing instrument and acknowledged that he executed the same as such [executor/administrator].

______________________________

Notary Public

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