The Modern Requirements

As noted in the Am. Ins. Co. case, supra, Indiana defines the requirements for a valid deed by statute.  Pursuant to Indiana Code § 32-21-1-13:

Except for a bona fide lease for a term not exceeding three (3) years, a conveyance of land or of any interest in land shall be made by a deed that is: (1) written; and (2) subscribed, sealed, and acknowledged by the grantor (as defined in IC 32-17-1-1) or by the grantor's attorney.

You will note that these statutory requirements are very similar to those set forth in Kent’s Commentaries, early Indiana cases, and even colonial cases predating the Revolution. Not a great deal has changed regarding deed requirements in three hundred or so years.

In the following sections, we will discuss ownership of land taken by five types of deeds: warranty deed, special warranty deed, quitclaim deed, trustee / executors deed, and finally, sheriff’s deed. There are several other types of deed, but these are the most common, and therefore, the types you may be asked to review or draft in practicing as a paralegal, especially in real estate practice, estate planning, or assisting in title searches or related work. Finally, the person who transfers land to another may be known by various names (conveyor, seller, etc.), but such a person will be referred to by the generic term “grantor” for the remainder of this book. Similarly, a person getting title to land is known by other terms (purchaser, etc.), but such a person will be referred to by the generic term “grantee” for the remainder of this book.