Land Transactions

In 1250, to transfer ownership of land, the grantor and grantee would physically go to the land. The grantor would physically (or perhaps metaphysically) put the grantee in possession by handing over a clod of dirt. The grantee would swear homage to the grantor, and the grantor would swear to defend the grantee’s title. This was a public ceremony, performed in front of witnesses who could later be called on to recall what had happened if necessary. In contrast, written conveyances – called “charters” – were treated with skepticism; they were considered an inferior form of evidence because of the risk of forgery. 

In the seven and a half centuries since, this attitude has completely flipped. Now, land transactions are paper transactions: the Statute of Frauds almost always requires a written conveyance – now called a “deed” – to transfer an interest in real property. Transfers by operation of law (primarily through adverse possession and intestacy) are very much the exception. In addition, land transactions are influenced by the common law’s attitude that land is of distinctive importance, so that parties dealing with it need especial clarity about their rights, and by the fact that land transactions are often high-stakes, with hundreds of thousands, millions, or sometimes even billions of dollars at issue. This section focuses on the written instruments at the heart of land transactions. It considers when a deed is required, when a deed is effective, how deeds are interpreted, and what they promise about the property and the interest being conveyed.