Farrer and Company , solicitors

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Farrer and Company , solicitors

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        A deed is any document affecting title, that is, proof of ownership, of the land in question. The land may or may not have buildings upon it. Common types of deed include conveyances, mortgages, bonds, grants of easements, wills and administrations.

        Conveyances are transfers of land from one party to another, usually for money. Early forms of conveyance include feoffments, surrenders and admissions at manor courts (if the property was copyhold), final concords, common recoveries, bargains and sales and leases and releases.

        An assignment of term, or assignment to attend the inheritance, was an assignment of the remaining term of years in a mortgage to a trustee after the mortgage itself has been redeemed. An assignment of a lease is the transfer of the rights laid out in the lease to another party, usually for a consideration (a sum of money).

        Probate (also called proving a will) is the process of establishing the validity of a will, which was recorded in the grant of probate. If a person died intestate (without a valid will) their money, goods and possessions passed to their next of kin through an administration (or letters of administration) which had the same form in law as a will.

        Abstract of title is a summary of prior ownership of a property, drawn up by solicitors. Such an abstract may go back several hundred years or just a few months, and was usually drawn up just prior to a sale.

        A covenant or deed of covenant was an agreement entered into by one of the parties to a deed to another. A covenant for production of title deeds was an agreement to produce deeds not being handed over to a purchaser, while a covenant to surrender was an agreement to surrender copyhold land.

        Lease and release was the most common method of conveying freehold property from the later seventeenth century onwards, before the introduction of the modern conveyance in the late nineteenth century. The lease was granted for a year (sometimes six months), then on the following day the lessor released their right of ownership in return for the consideration (the thing for which land was transferred from one party to another, usually, of course, a sum of money).

        Common Recovery was a process by which land was transferred from one owner to another. It was a piece of legal fiction involving the party transferring the land, a notional tenant and the party acquiring the land; the tenant was ejected to effect the transfer. An exemplification was a formal copy of a court record issued with the court's seal.

        A marriage settlement was a legal agreement drawn up before a marriage by the two parties, setting out terms with respect to rights of property and succession.

        A bond was a deed, by which person A binds himself, his heirs, executors, or assigns to pay a certain sum of money to person B, or his heirs.

        A bargain and sale was an early form of conveyance often used by executors to convey land. The bargainee, or person to whom the land was bargained and sold, took possession, often referred to as becoming 'seised' of the land.

        From the British Records Association "Guidelines 3 - Interpreting Deeds: How To Interpret Deeds - A Simple Guide And Glossary".

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