Please only use our textbook as a source: William Pivar & Robert Bruss, Calif. Real Estate Law (10th ed.
2019).
Assignment:
1) Prepare a grant deed based on the following information.
2) In a thoughtful essay that applies cited law from the textbook:
a) Identify the different types of deeds that are used in CA.
b) Then, explain the effect of using a Grant Deed to transfer the ownership interests of the parties in the subject property (what are the bundle of rights / warranties provided?)
c) If a Quit Claim Deed was executed by the parties instead of a Grant Deed, how would that change the ownership interests of the parties?
Fictional Fact Pattern:
Blackacre, which is located in San Diego, CA, is being conveyed via Grant Deed in fee simple from Allison Apple to Betty Blueberry for $2,500,000. Betty Blueberry is purchasing the property for her residence. She currently resides at 543 Rose Blvd., San Diego, CA. The legal description for Blackacre is “Lot 22, Block 7, Blackmark Estates according to the plat thereof as recorded in Official Records Book 5405 at Page 32 of the public records of San Diego County, CA.” The deed is executed on September 1, 2021. The property is being transferred subject to a mortgage in favor of Chase Bank, dated August 8, 1989, and recorded in Official Records Book 4928 at Page 250 of the public records of San Diego County. The original amount of the mortgage was $490,000. Blackacre is located at 1234 Estates Rd, San Diego, CA 92101.
There are several essential elements to a valid deed:
1. It must be in writing;
2. The parties must be properly described;
3. The parties must be competent to convey and capable of receiving the grant of the property;
4. The property conveyed must be described so as to distinguish it from other parcels of real property;
5. There must be a granting clause, operative words of conveyance (e.g., “I hereby grant”);
6. The deed must be signed by the party or parties making the conveyance or grant; and
7. It must be delivered and accepted.
Any form of written instrument containing the essential elements above will convey title to land.
A typical grant deed may be in the form as follows:
“I, John A. Doe, a single man, grant to Emma B. Roe, a widow, all that real property
situated in Sacramento County, State of California, described as follows: Lot 21,
Tract 62, recorded at Page 91 of Book 7 of Maps of Sacramento County, filed
January 21, 1965. Witness my hand this tenth day of October, 1983.
(Signed) John A. Doe”
A sample grant deed count be found here: https://arcc.sdcounty.ca.gov/Documents/GD.pdf
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