Civil Engineering Reference
In-Depth Information
statutory and common law requirements regarding their construction. Only a
few of these requirements concern the surveyor. The first four requirements have
already been stated: a grantor, a grantee and, in compliance with the Statute of
Frauds, a writing signed by the grantor.
A Deed is a writing, signed by the grantor, conveying title from the grantor
to the grantee.
Because others can have rights in a parcel of land which may not be evident in the
grantee's deed, a deed cannot be considered actual proof of ownership. A deed is,
however, evidence of ownership.
9.3 The Statute of Frauds
In the year 1677 an English statute, entitled
The Statute of Frauds
, was enacted
which required that no legal action for enforcement of certain contracts could
be maintained unless there was a writing signed by the party to be charged.
Conveyancing laws in this country are based on a provision of the Statute of
Frauds which required that all interests in real property be evidenced by a writing
to be enforceable.
Although there are exceptions, the modern day rule is, to be enforceable, convey-
ances of property or interests therein must be in the form of a written deed or other
written instrument. The instrument must be signed by the party that is to be held
accountable. Where the instrument is a deed, the accountable party is the grantor—
the person who sold the property. Verbal agreements having to do with interests
in real property, without more, are not enforceable. So, if your neighbor verbally
offers to purchase your house and you verbally accept the offer, there is probably
no enforceable agreement and both of you can walk away from the deal. There are
exceptions to the rule such as the case involving partial performance: where the
neighbor paid you some money, or made permanent improvements to your property.
In England prior to the Statute of Frauds, conveyances of interests in real prop-
erty did not require written instruments such as a deed. Land was transferred by
“feoffment” with “livery of seisin”. The
feoffer
(grantor) and
feoffee
(grantee) met
on or near the property and the feoffer announced the transfer in the presence of
witnesses. The feoffer handed the feoffee a clump of earth or twigs as a symbol
of the conveyance. Because there was no writing, the witnesses served as a means
of public notice of the transfer. In Teutonic law a group of small boys from the
area was assembled and required to observe the
Livery of Seisin
. Each was given a
sharp hit on the head to impress solemnity of the occasion into their memory.
The requirement of a writing now exists in all American jurisdictions. The writ-
ing commonly used to evidence a conveyance is called a deed.
