The Young Farmer: Some Things He Should KnowHunt, Thomas Forsyth
Science
The Young Farmer: Some Things He Should Know
Hunt, Thomas Forsyth
Agriculture
The requisites of a deed are: The parties to the deed, the
consideration, the description; and with a warranty deed, the
covenants. The seller must be of full age, sound mind and if married
his wife should always join in the deed. Her name should appear
following his at the beginning of the instrument. She should sign and
acknowledge the deed, and the certificate of acknowledgment should
state that she is the wife of the seller. If the seller is a married
woman, her husband does not need to join in the sale of her own
property. It is customary to state the consideration upon which the
deed is given, but this is not necessary, nor will a false statement
as to the amount paid invalidate the deed.
The description of the land conveyed should be as minute and careful
as possible, and preferably in the exact language of former deeds. In
case former description is in error, it should be referred to and
correct description given. Where land is conveyed by metes and bounds,
this description governs, although it may not convey the number of
acres of land stated. In describing boundaries the location of
monuments takes precedence of distances mentioned.
EXECUTION OF THE DEED
A deed must be signed, witnessed, acknowledged, delivered and
recorded. In some states deeds must be sealed, but in other states the
law has dispensed with this formality. Witnesses to deeds are not
required in all states. Some states require one, but usually two
witnesses are required. The parties signing the deed are required to
appear before an official designated by statute, usually any
magistrate, justice or notary public, and acknowledge the same to be
his or her free act and deed.
A deed has no effect until delivered, and should be immediately
recorded by the purchaser. Generally an unrecorded deed is not good as
against a subsequent purchaser in good faith. It is well to note that
the laws relating to the transfer of land are those of the place where
the land lies and not necessarily those of the place where the deed is
made.
METHOD OF LAYING OUT PUBLIC LANDS
The public lands of the United States are, whenever practicable, laid
out into townships each six miles square, "as near as may be," whose
sides run due north and south and east and west. The townships are
laid off north and south of a base line which is a parallel of
latitude, and are numbered north and south from the base line: Thus,
T. 3 S., means Township No. 3 south from the base line. Each row of
townships running north and south is called a range, and is numbered
east or west of the principal meridian: Thus, R. 2 E., means Range 2
east of the given meridian.
The townships are then laid off into sections or square miles of 640
acres, "as near as may be," and these are numbered, beginning always
at the northeast section, as shown in the accompanying diagram.
Public-domain text, read in full here on John Shaqi.
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