§ 34-11-1. Conveyances required to be in writing and recorded. Every conveyance of lands, tenements or hereditament absolutely, by way of mortgage, or on condition, use or trust, for any term longer than one year, and all declarations of trusts concerning the conveyance, shall be void unless made in writing duly signed, acknowledged as hereinafter […]
§ 34-11-1.1. Signing and printing names. The signatories and notaries public to all deeds, mortgages, transfers, assignments, and discharges of mortgages, leases, rental agreements, rescissions or assignments thereof, and contracts for the sale of land shall have their names typed or printed immediately beneath or adjacent to their signatures. Failure to comply herewith shall not […]
§ 34-11-1.2. Name and address of grantee — Recording. Every deed presented for record shall contain or have endorsed upon it the name, residence and/or post office address of the grantee and that address shall be recorded as part of the deed. Failure to comply with this section shall not affect the validity of any […]
§ 34-11-1.3. Name and address of mortgagor and mortgagee — Recording. Every mortgage deed presented for record shall contain or have endorsed upon it the name and address of the mortgagor and mortgagee and the address shall be recorded as part of the mortgage deed. Failure to comply with this section shall not affect the […]
§ 34-11-1.4. Sale price recording. Every deed presented for recording due to the sale of property, which results in the transfer in ownership of the property, shall contain or have endorsed upon it the total dollar amount of the actual sale, which shall be recorded as part of the deed. A city or town clerk […]
§ 34-11-1.5. Historical cemeteries. Every deed presented for recording a transfer in ownership of property that has located on it a historical cemetery registered pursuant to § 23-18-10.1 shall have endorsed upon the deed, in capital letters, a notation that a historical cemetery is located on the property. Failure to comply with this section shall […]
§ 34-11-10. Takers not party to indenture — Conveyance purporting to be indenture. Under an indenture hereafter executed, an immediate estate or interest in any tenements or hereditaments, and the benefit of a condition or covenant respecting any tenements or hereditaments, may be taken, although the taker thereof be not named a party to that […]
§ 34-11-11. Use of statutory forms. The forms set forth in § 34-11-12 may be used, and shall be sufficient for their respective purposes. They shall be known as “statutory forms” and may be referred to as such. They may be altered as circumstances require, and the authorization of such forms by this chapter shall […]
§ 34-11-12. Statutory forms set out. The statutory forms referred to in § 34-11-11 are as follows: (1) WARRANTY DEED. of for consideration paid, grant to of with warranty covenants (description, and encumbrances, if any) Witness hand this day of (Here add acknowledgment.) (2) QUITCLAIM DEED. of for consideration paid, grant to of with quitclaim […]
§ 34-11-13. Construction of terms. (a) Whenever the phrase “incorporation by reference” is used in §§ 34-11-14 — 34-11-31, the method of incorporation as indicated in the forms shall be sufficient, but this shall not be construed to preclude other methods. (b) Whenever the words “his heirs, executors and administrators” or “his executors, administrators” are […]
§ 34-11-14. Conveyances to which rules of construction apply. For the purpose of avoiding the unnecessary use of words in deeds or other instruments relating to real estate, whether the statutory forms or other forms are used, the rules and definitions contained in §§ 34-11-15 — 34-11-22 and in §§ 34-11-24 — 34-11-28 shall apply […]
§ 34-11-15. Effect of warranty deed. A deed substantially following the form entitled “Warranty Deed” shall, when duly executed, have the force and effect of a deed in fee simple to the grantee and his or her heirs and assigns, to his or her and their own use, with covenants on the part of the […]
§ 34-11-16. Meaning of warranty covenants. In any conveyance of real estate the words “with warranty covenants” shall have the full force, meaning, and effect of the following words: “The grantor, for himself or herself and for his or her heirs, executors and administrators, covenants with the grantee and his or her heirs and assigns, […]
§ 34-11-17. Effect of quitclaim deed. A deed substantially following the form entitled “Quitclaim Deed” shall, when duly executed, have the force and effect of a deed in fee simple to the grantee and his or her heirs and assigns, to his, her, and their own use, with covenants on the part of the grantor, […]
§ 34-11-18. Meaning of quitclaim covenants. In any conveyance of real estate the words “with quitclaim covenants” shall have the full force, meaning, and effect of the following words: “The grantor, for himself or herself and for his or her heirs, executors and administrators, covenants with the grantee and his or her heirs and assigns, […]
§ 34-11-19. Contents and effect of short-form mortgage deed. A deed substantially following the form entitled “Mortgage Deed” shall, when duly executed, have the force and effect of a mortgage deed to the mortgagee and his or her heirs and assigns, to his or her and their own use, with mortgage covenants and upon the […]
§ 34-11-2. Seal not required in conveyances. No seal shall be required to any instrument conveying lands, tenements or hereditaments; and any instrument purporting to convey lands, tenements or hereditaments may be referred to as, and shall be, a deed, though no seal be affixed thereto; and the word “covenant” used in any deed or […]
§ 34-11-20. Meaning of mortgage covenants. In any conveyance of real estate the words “with mortgage covenants” shall have the full force, meaning, and effect of the following words, and shall be applied and construed accordingly: “The mortgagor, for himself or herself and for his or her heirs, executors, and administrators, covenants with the mortgagee […]
§ 34-11-21. Statutory mortgage condition. The following condition shall be known as the “statutory condition”, and may be incorporated in any mortgage by reference: Provided, nevertheless, and this conveyance is made upon the express condition, that if the mortgagor or his or her heirs, executors, administrators or assigns shall pay to the mortgagee or his […]
§ 34-11-22. Statutory power of sale in mortgage. The following power shall be known as the “statutory power of sale” and may be incorporated in any mortgage by reference: But if default shall be made in the performance or observance of any of the foregoing or other conditions, or if breach shall be made of […]
