Section 42-601 - Deed, mortgage, and lease forms

Deed, mortgage, and lease forms

The following forms or forms to the like effect shall be sufficient, and any covenant, limitation, restriction, or proviso allowed by law may be added, annexed to, or introduced in the said forms. Any other form conforming to the rules herein laid down shall be sufficient:

FEE SIMPLE DEED

This deed, made this ___ day of ___, in the year ___, by me, ___, of ___, witnesseth, that in consideration of (here insert consideration), I, the said ___, do grant unto (here insert grantee's name), of ___, all that (here describe the property).

DEED BY SPOUSE OR DOMESTIC PARTNER

This deed, made this ___ day of ___, in the year ___, by us, ___ and ___, his or her spouse or domestic partner, of ___, witnesseth, that in consideration of ___, we, the said ___ and his or her spouse or domestic partner, do grant unto ___, of ___, and so forth.

DEED OF LIFE ESTATE

This deed, made this ___ day of ___, in the year ___, by me, ___, of ___, witnesseth, that in consideration of ___, I, the said ___, do grant unto ___, of ___, all that (here describe the property), to hold during his life and no longer.

DEED OF TRUST TO SECURE DEBTS, SURETIES, OR FOR OTHER PURPOSES

This deed, made this ___ day of ___, in the year ___, by me, ___, of ___, witnesseth, that whereas (here insert the consideration for the deed), I, the said ___, do grant unto ___, of ___, as trustee, the following property (here describe it) in trust for the following purposes (here insert the trusts and any covenant that may be agreed upon).

FORM OF TRUSTEE'S DEED UNDER A DECREE

This deed, made this ___ day of ___, in the year ___, by me, ___, trustee, of ___, witnesseth: Whereas by a decree of (here insert court) passed on the ___ day of ___, in the cause of ___ versus ___, I, the said ___, was appointed trustee to sell the land decreed to be sold, and have sold the same to ___; and said sale has been ratified by said court, and said ___ has fully paid the purchase money due on said sale; now, therefore, in consideration of the premises, I, the said ___, do grant unto ___, of ___, all the right and title of all the parties to the aforesaid cause, in and to all that (here describe property).

EXECUTOR'S DEED

This deed, made this ___ day of ___, in the year ___, witnesseth, that I, ___, of ___, executor of the last will of ___, late of ___, deceased, under a power in said will contained, in consideration of ___, have sold and do hereby grant to ___, of ___, all that (here describe the property).

FORM OF MORTGAGE, WITH OR WITHOUT POWER OF SALE

This mortgage, made this ___ day of ___, in the year ___, witnesseth, that whereas I, ___, of ___, am indebted unto ___, of ___, in the sum of ___, payable ___, for which I have given to said ___ my (here describe obligation). Now, in consideration thereof, I hereby grant unto the said ___ all that (here describe property), provided that if I shall punctually pay said (notes or other instruments) according to the tenor thereof then this mortgage shall be void. And if I shall make default in such payment the said ___ is hereby authorized and empowered to sell said property at public auction on the following terms (here insert them), and out of the proceeds of sale to retain whatever shall remain unpaid of my said indebtedness and the costs of such sale, and the surplus, if any, to pay to me.

FORM OF LEASE

This lease, made this ___ of ___, in the year ___, between ___, of ___, and ___, of ___, witnesseth, that the said ___ doth lease unto the said ___, his executor, administrator, and assigns, all that (here describe the property) for the term of ___ years, beginning on the ___ day of ___, in the year ___, and ending on the ___ day of __________, in the year ___, the said ___ paying therefor the sum of ___ on the ___ day of ___ in each and every year (or month, as the case may be).

CREDIT(S)

(Mar. 3, 1901, 31 Stat. 1277, ch. 854, ch. 16, subch. 5; June 30, 1902, 32 Stat. 533, ch. 1329; Sept. 12, 2008, D.C. Law 17-231, § 33(b), 55 DCR 6758.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications
1981 Ed., § 45-501.
1973 Ed., § 45-301.
Effect of Amendments
D.C. Law 17-231 deleted the Deed by Husband and Wife form and inserted the Deed by Spouse or Domestic Partner form.
Legislative History of Laws
For Law 17-231, see notes following § 42-516.

Current through September 13, 2012