The Young Farmer: Some Things He Should KnowHunt, Thomas Forsyth
Science
The Young Farmer: Some Things He Should Know
Hunt, Thomas Forsyth
Agriculture
There are seven requirements generally necessary to a valid contract.
(1) Possibility. The thing to be done must be possible. (2) Legality.
It must not be forbidden by law. (3) Proper parties. The parties to a
contract must be competent. Contracts with idiots or drunken persons
are not binding. Some contracts with minors are not binding, although
contracts for the necessities of life are. (4) Mutual assent. A
proposition not assented to by both parties is not binding on either.
(5) Valid consideration. A man is not regarded as injured by the
breaking of a promise for which he has paid, or is to pay, nothing.
(6) Fraud or deceit. A contract obtained by fraud is void as against
the party using the fraud, but may be enforced by the innocent party
if he sees fit. (7) Written contracts. Here comes the most important
difference between real and personal property. Real property can only
be conveyed by a written instrument, properly executed and recorded,
while personal property passes by mere possession. Contracts relating
to the sale of real estate are not binding unless in writing, while
verbal contracts are sufficient for personal property if accompanied
by payment of a part of the purchase price or the acceptance of the
goods. For amounts under $50 verbal agreement in itself is binding.
TRANSFER OF REAL ESTATE
The purchaser should require of the seller evidence that the title to
the land is straight and clear; if not, exactly what the defects are.
This is done through an abstract of title, which should be prepared by
a competent lawyer. This is not an official document, and its value
depends largely upon the ability and watchfulness of the party making
the abstract. Ownership of land is conveyed by means of a deed. A deed
is an instrument conveying at least a life interest in the land. Care
should be taken that the deed contains the essential parts and that it
is properly executed.
DEEDS
Deeds are of two kinds: Quit claim deeds, which convey all the rights,
title and interest which the seller has in the land, but does not
warrant the title; and warranty deeds, which, in addition to what a
quit claim does, contain covenants which agree that the seller and his
heirs, etc., shall warrant and defend the title to the purchaser
against the lawful claims of all persons.
THE REQUISITES OF A DEED
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