Conveyance

What Is a Conveyance?

In real estate, you cannot legally give someone a house just by handing them the keys. The transfer of real property requires a formal, written legal process known as a conveyance. Conveyance is the act of moving the legal title (ownership) from the grantor (seller) to the grantee (buyer).

While a purchase agreement is the contract that promises the transfer will happen, the conveyance is the actual execution of that transfer. The primary instrument used to execute a conveyance is a deed.

Requirements for a Valid Conveyance in Florida

Under Florida law, a conveyance is strictly regulated to prevent fraud. For a conveyance to be legally valid, it must meet several requirements:

1. In Writing — Because of the Statute of Frauds, the conveyance must be documented in a written deed.
2. Competent Grantor — The person conveying the property must be at least 18 years old and of sound mind.
3. Legal Description — The deed must contain a highly specific, legally accurate description of the property boundaries (a simple street address is not enough).
4. Two Witnesses and a Notary — Section 689.01 of the Florida Statutes requires that the grantor's signature be witnessed by two people and acknowledged by a Notary Public.
5. Delivery and Acceptance — The conveyance is not complete when the deed is signed; the deed must be physically (or constructively) delivered to the grantee, and the grantee must accept it.

Fraudulent Conveyances

A massive area of real estate litigation involves fraudulent conveyances. If a business owner knows they are about to be sued for a million dollars, they might try to convey their $500,000 beachfront home to their sister for $1 to hide the asset from creditors. Under the Florida Uniform Fraudulent Transfer Act (FUFTA), a judge can void this conveyance, rip the title away from the sister, and give the house to the creditors.

Related Terms

• Deed — The legal document that effectuates the conveyance
• Grantor — The person executing the conveyance to give the property away
• Title Search — The process of researching the history of all past conveyances on a property

Barnes Walker Title & Litigation

Barnes Walker's attorneys assist clients in executing legally flawless conveyances to prevent future title defects, and aggressively litigate in civil court to reverse fraudulent conveyances designed to hide real estate assets from legitimate creditors. Request a legal inquiry for assistance.

Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC