Deeds: Part Three

Following up on my previous post, Jerry Anderson reminds me that some colonies did not require a wife to sign a deed releasing her dower rights. This just emphasizes the complexity of the subject of land records and the fact that you will need to learn all the ins and outs that apply to the records you are searching – not exciting stuff, but necessary. I am not up to speed on current genealogy how-to publications, so perhaps readers can chime in here. The old classic I used was Val D. Greenwood’s The Researcher’s Guide to American Genealogy. I just looked it up online and it is still available – a copy in “acceptable” condition can be bought for $1.99 at www.barnesandnoble.com! If you happen to find a copy in your library, check it out. Of course, it will be out of date regarding technology, but basic research information never changes.

Types of deeds

Warranty: The deed that we have been dissecting in Parts 1 and 2 of this series is a warranty deed. It warrants or guarantees that the seller has the right to sell the property, and if some problem develops over the title, the buyer has the right to get his money back (provided he can find the seller, of course).

Quitclaim: A quitclaim deed is made by someone who has, or could make a claim to have, a right in the property even though they do not own it. For example, if a father leaves the farm to his younger son who then sells it, the other children may make quitclaim deeds stating that they will not try to make any claims on the property. A widow may also make a quitclaim for her husband’s property other than her dower thirds. The words “quitclaim” and/or “acquit” will appear in the deed.

Mortgages: When someone borrows money against his property, a deed is executed by the borrower transferring the property to the lender for the amount of money being borrowed, with stipulations about how much is to be paid back to the lender and when. When the mortgage is paid off, the lender notifies the clerk who makes a notation in the margin of the book where the deed was recorded that the terms have been met and the deed is now void; or the lender will execute a similar deed selling the property back to the borrower. In early New England the word “mortgage” does not usually appear in the deed, which can be especially confusing when you find someone “selling” the same property over and over again every few years!

Deed of gift: Usually between a parent and a child and often in lieu of a will, a deed of gift is a warranty deed in which the land is transferred “for the love of” or “for valuable considerations,” while the grantor is living. It may include conditions such as the grantee taking care of the grantor during his or her lifetime.

Next: some basics about probate records.