How To Request a Single DC Deed:
- Submit the details of your deed request and get an estimate
- Send payment to our trust account through this website, we then prepare the deed and other required documents
- We coordinate signing and recording, if requested
Legal Requirements of DC Deeds
In DC, in order to be valid, a deed must contain the names of the grantor and grantee, a description of the property sufficient to identify it with reasonable certainty, and the interest or estate intended to be granted, is sufficient, if executed, acknowledged, and recorded.
Let’s go through each of the elements.
The grantor is the person transferring the property (or an interest in it). The grantee is who is receiving it. The grantor may be a person, a group of persons, an entity such as a corporation of limited liability company, or someone or something serving in a fiduciary capacity such as an attorney in fact under a power of attorney, a trustee of a trust, or a personal representative of an estate. There are many other examples.
To satisfy the requirement of a sufficient description of the property, according to the Recorder of Deeds a complete legal description is required on each document, which includes the lot number, square number, subdivision and reference information as recorded with the Office of the Surveyor. A legal description is more than a street address.
Regarding the interest or estate to be granted, this relates to the nature of the interest being conveyed by the grantor. Depending on the circumstances, the interest may be fee simple or leasehold; the interest may be a full (100%) conveyance or a lesser percentage; the interest may be less than absolute such as a life estate (bare or enhanced).
DC law requires a deed to be executed (signed by hand). To satisfy the acknowledged requirement, a notary public needs to be involved. The notary confirms the identity of the grantor and the grantor’s intent, and affixes or attaches a notary seal/stamp.
When a deed is recorded, it has been officially made part of the Land Records. In DC, deeds are indexed by Instrument Number. When engaged to do so, our firm will take care of recording your deed, often by e-recording (through an electronic recording system). Deeds submitted for recording are accompanied by an FP-7 intake form, plus any affidavits and forms required, supporting documentation for any claimed exemptions, and of course whatever payment is due.
Although in DC it is permissible for someone other than a DC-licensed attorney to prepare a deed, this is not recommended. Too much can go wrong, leading to invalid conveyances and unexpected results. Also DC requires supporting documentation for all claimed transfer/recordation tax exemptions, along with the proper citation(s) to the DC Code. In our experience, most people do not know how to do all of this properly.
A DC-licensed attorney at our firm will prepare your deed and confirm all legal requirements have been satisfied. If engaged to do so, we’ll also ensure all necessary payments have been calculated and collected before submitting the deed for recording.