Define: Absolute Deed

An absolute deed is a legal document that conveys full ownership of real property from one party to another without any conditions or limitations.

Unlike other types of deeds that may convey property with certain conditions or limitations (such as warranties, encumbrances, or restrictions), an absolute deed transfers ownership free and clear, with no strings attached.

An absolute deed typically includes the names of the grantor (seller) and grantee (buyer), a legal description of the property being conveyed, the purchase price (if any), and any other relevant terms or conditions of the transfer.

An absolute deed is typically executed by the grantor in the presence of witnesses and a notary public, then recorded in the appropriate land records office or Registry of Deeds to provide public notice of the transfer of ownership.

An absolute deed provides the grantee with full and clear title to the property, free from any claims or encumbrances, and guarantees the grantor’s legal authority to convey the property.

An absolute deed can be challenged in court on various grounds, such as fraud, forgery, undue influence, lack of capacity, or defects in the execution or recording of the deed.

Absolute deeds are commonly used for straightforward sales or transfers of real property, but other types of deeds (such as quitclaim deeds or warranty deeds) may be used depending on the circumstances of the transaction.

Using an absolute deed provides clarity and certainty to both parties involved in the real estate transaction, as it ensures that the grantee receives full and unencumbered ownership of the property without any ambiguities or limitations.

Once an absolute deed is properly executed and recorded, it generally cannot be revoked or cancelled without the consent of both parties or unless invalidated by a court order due to legal defects or irregularities.