« ΠροηγούμενηΣυνέχεια »
OF THE ACQUISITION, THE ENJOYMENT, AND TRANSMISSION OF PROPERTY, REAL AND PERSONAL; THE DOMESTIC RELATIONS, AND OTHER MATTERS CONNECTED
WITH PRIVATE RIGHTS.
Of real and personal property, and the alienation thereof.
CHAPTER 48. Of alienation by deed, and of the legal formalities, the construction, and the operation of deeds for the conveyance of property, and general provisions concerning real estate.
CHAPTER 49. Of estates in dower and by the curtesy.
CHAPTER 50. Estates at will, and for years; and the rights and duties of landlords and tenants,
and also respecting easements.
OF ALIENATION BY DEED, AND OF THE LEGAL FORMALITIES, THE CONSTRUCTION, AND THE OPERATION OF DEEDS FOR THE CONVEYANCE OF PROPERTY, AND GENERAL PROVISIONS CONCERNING REAL ESTATE.
1. Conveyances of land may be made by a competent party, or his attorney duly authorized.
2. An alien may take, hold, transmit, and convey lands.
3. How a married woman may convey her
estate or bar dower.
4. She may join in a power of attorney to
5. Estates tail may be created as hereto-
6. Party claiming title may convey though
7. All estates in land (except leases not exceeding three years) crcated without deed, to have the effect of estates from year to year.
8. No estate in land for above three years to be assigned, &c., unless by deed.
9. Trusts in land to be manifested and proved by writing.
DEEDS, HOW ACKNOWLEDGED AND CERTIFIED. 10. Deed may be acknowledged by party or his attorney
11. Power of attorney; how acknowledged and recorded.
50. Short form of covenant of special warranty.
51. Effect of the words "with general warranty," or with "special warranty," in the granting part of a deed.
52. Short form of covenant of seizin on the part of grantor.
53. Short form of covenant by grantor, that he has a right to convey.
54. Short form of special covenant, that the grantee shall quietly enjoy.
Short form of general covenant for same. Short form of covenant that grantor has done no act to encumber, &c.
57. Short form of covenant that premises are free and clear of all encumbrances.
58. Short form of covenent for further as
59. Measure of damages on breach of cov
60. Covenants of seizin and other personal covenants may be assigned and sued on, as those that run with land.
FORMS OF DEEDS.
61. Form of deeds for the conveyance of real estate.
62. Form of deeds in fee-simple.
63. Form of deeds to convey a life estate. 64. Form of deeds to one for life and remainder over in fee-simple
65. Form of deed to two or more in fee, as tenants in common.
66. Form of deed to same as joint tenants. 67. Form of deed conveying to one for life, with contingent remainder to an unborn person.
68. Form of deed limiting a remainder after a grant in fee-simple, defeasible upon party's dying without child, &c., living, &c.
69. Form of deed to convey an estate for a term of years.
70. Form of marshal's deed for real estate sold under execution.
71. Form of deed of trustee for same, sold under authority of court.
DEEDS OF TRUST AND MORTGAGES OF REAL
72. Form of deed of trust of real estate.
78. Form of assignment of a mortgage. 79. Effect of such assignment of a mortgage. 80. Effect of recording assignment.
81. Form of release of mortgage.
83. Release of mortgage, how executed.
SECTION 1. Conveyances of land
within this District, or of any estate or interest therein, may be made by deed executed by any
person competent to convey the same, or by his attorney duly authorized, as hereinafter provided in this chapter.
SEC. 2. An alien may take, hold, transmit, and convey lands in the same manner as if he were a citizen of the United States.
SEC. 3. Any married woman, uniting with her husband, may, by their joint deed acknowledged and certified as hereinafter provided, convey the real estate of the wife, or relinquish her right of dower in the husband's estate; but the wife shall not be bound by any covenant contained in such deed, further than to convey effectually from her and her heirs, her right of dower, or such other interest in the real estate as she may have at the date of the deed.
SEC. 4. A married woman may also join in a power of attorney with her husband, for the conveyance of her estate or interest as aforesaid; the same being acknowledged and certified as herein provided with regard to deeds executed by her.
SEC. 5. Estates tail may be created as heretofore, and any person seized thereof may convey the same as if he were seized in fee-simple, and such conveyance shall bar the estate tail and all remainders and reversions expectant thereon.
SEC. 6. Any person claiming title to land may convey his interest in the same, notwithstanding there may be an adverse possession thereof.
SEC. 7. All estates or interests in land, except leaseholds not exceeding the term of three years from the making thereof, created without deed, shall have the effect of estates from year to year only.
SEC. 8. No estate or interest in land for above three years shall be assigned, granted, or surrendered, unless by deed, or by act and operation of law.
SEC. 9. No trust concerning land, except such as may arise or result by implication of law, or be transferred or extinguished by operation of law, nor any assignment of any such trust, shall be manifested and proved, except by some writing subscribed by the party declaring the same.
DEEDS, HOW ACKNOWLEDGED AND CERTIFIED.
SEC. 10. The acknowledgment of a deed shall be by the grantor executing the same, or by his attorney duly authorized.
SEC. 11. Every power of attorney authorizing an agent to execute or acknowledge a deed, for the conveyance of real estate, shall be
acknowledged in the same manner as is herein provided for the acknowledgment of such deed, and shall be recorded with the deed executed in pursuance of such power of attorney.
SEC. 12. Such power of attorney shall be deemed to be revoked, when the instrument revoking it, acknowledged as hereinafter provided for deeds, shall be recorded in the office in which deeds are required to be recorded.
SEC. 13. Any person executing a deed as agent or attorney for another, may describe himself in the deed, and sign and acknowledge the same as agent or attorney for such party, and the deed so made shall be as effectual to convey the interests therein mentioned as if it were executed and acknowledged by the principal himself, or in his name by the agent or attorney.
SEC. 14. The acknowledgment of a deed may be made within this District, before either a justice of the peace, a judge of the circuit court, or the judge of the district, criminal, or orphans' court of said District, or before any notary public therein, or before the mayor of the city of Washington, or of Georgetown.
SEC. 15. Out of this District, but within any State or Territory of the United States, the acknowledgment of a deed may be made before any judge of a court of record and of law, or chancellor of a State, or before any judge of the supreme, circuit, district, or territorial courts of the United States, or before a justice of the peace, or magistrate of any State or Territory, or mayor of any city of same, or notary public, or before any commissioner appointed by the circuit court of this District for that purpose.
SEC. 16. In any foreign country, such acknowledgments may be made before any judge or chancellor of any court, master, or master extraordinary in chancery, notary public, or mayor of any city in such country, or any minister plenipotentiary, chargé d'affaires, consul general, consul, or commercial agent, appointed by the United States to any foreign country, or before any commissioner appointed by the circuit court of this District for that purpose.
SEC. 17. All acknowledgments made before any judicial officer, master in chancery, or other officer above specified, shall be made within some place or territory to which the jurisdiction of said officer or of the court to which he belongs shall extend.
SEC. 18. When such acknowledgments are made beyond the limits of this District, and before any judicial officer, there shall accompany