§761. Statutory forms; incorporation by reference; title The forms set forth in section 775 may be used and shall be sufficient for their respective purposes. They shall be known as “Statutory Short Form Deeds” and may be referred to as such. They may be altered as circumstances require, and the authorization of such forms shall […]
§762. Rules and definitions For the purpose of avoiding the unnecessary use of words in deeds or other instruments relating to real estate, whether the statutory short form or other forms are used, the rules and definitions contained in sections 763 to 774 shall apply to all such instruments executed or delivered on or after […]
§763. Warranty deed A deed in substance following the form entitled “Warranty Deed” shall when duly executed have the force and effect of a deed in fee simple to the grantee, his heirs and assigns, his and their use and behoof forever, with covenants on the part of the grantor, for himself, with the grantee, […]
§764. Warranty covenants In a conveyance of real estate the words “warranty covenants” shall have the full force, meaning and effect of the following words: “The grantor covenants with the said grantee, his heirs and assigns that he is lawfully seized in fee of the premises, that they are free of all encumbrances, that he […]
§765. Quitclaim deed with covenant A deed in substance following the form entitled “Quitclaim Deed With Covenant” shall when duly executed have the force and effect of a deed in fee simple to the grantee, his heirs and assigns forever, with covenant on the part of the grantor, for himself, with the grantee, his heirs […]
§766. Quitclaim covenant or limited covenant In a conveyance of real estate the words “quitclaim covenant” shall have the full force, meaning and effect of the following words: “The grantor covenants with the grantee, his heirs and assigns that he will warrant and forever defend the premises to the said grantee, his heirs and assigns […]
§767. Mortgage deed A deed in substance following the form entitled “Mortgage Deed” when duly executed has the force and effect of a mortgage deed to the grantee, the grantee’s heirs and assigns, to the grantee and their use and behoof forever, with covenants on the part of the grantor, for the grantor, with the […]
§768. Mortgage covenants In a conveyance of real estate the words “mortgage covenants” shall have the full force, meaning and effect of the following words, and shall be applied and construed accordingly: “The grantor covenants with the grantee, his heirs and assigns that he is lawfully seized in fee of the premises, that they are […]
§769. Statutory condition in mortgage The following “condition” shall be known as the “Statutory Condition,” and may be incorporated in any mortgage by reference: [PL 1967, c. 377 (NEW).] Condition Provided nevertheless, except as otherwise specifically stated in the mortgage, that if the mortgagor, his heirs, executors or administrators pay to the mortgagee, […]
§770. Assignment of mortgage; words of transfer In an assignment of a mortgage of real estate the word “assign” shall be a sufficient word to transfer the mortgage, without the words “sell, transfer and convey.” [PL 1967, c. 377 (NEW).] SECTION HISTORY PL 1967, c. 377 (NEW).
§771. Grant as a word of conveyance In a conveyance of real estate the word “grant” or the word “convey” shall be a sufficient word of conveyance without the use of the words “give, grant, bargain, sell and convey”, and no covenant shall be implied from the use of the word “grant” or “convey”. In […]
§772-A. Effect of release 1. Testimonium clause. A deed or other instrument executed after the effective date of this subsection that includes the following language: “[name] (wife or husband) of said Grantor, joins as Grantor and releases all rights by descent and all other rights” or similar language within the testimonium clause conveys any and […]
§772. Words of inheritance; habendum 1. Words of inheritance; habendum. In a conveyance or reservation of real estate, the terms “heirs,” “successors,” “assigns,” “forever” or other technical words of inheritance, or an habendum clause, are not necessary to convey or reserve an estate in fee. A conveyance or reservation of real estate, whether made before […]
§773. Easements, privileges and appurtenances belonging to granted estate In a conveyance of real estate all rights, easements, privileges and appurtenances belonging to the granted estate shall be included in the conveyance, unless the contrary shall be stated in the deed. [PL 1969, c. 83 (AMD).] SECTION HISTORY PL 1967, c. 377 (NEW). PL […]
§774. Seals not required All deeds and other instruments, including powers of attorney, for the conveyances of real property in this State or any interest therein, and otherwise valid except that the same omitted to state any consideration therefor or that the same were not sealed by the grantors or any of them, shall be […]
§775. Appendix Statutory short forms of instruments relating to real estate are as follows: [PL 1967, c. 377 (NEW).] Forms: [PL 1967, c. 377 (NEW).] 1. Warranty Deed [PL 1967, c. 377 (NEW).] 2. Quitclaim Deed with Covenant [PL 1967, c. 377 (NEW).] 3. Deed of Executor, Administrator, Trustee, Guardian, Conservator, […]
