Conveyance
Definition:
Conveyance is the legal act of transferring ownership or interest in real property from one party to another. This transfer is typically completed through a written instrument such as a deed, lease, or mortgage. The conveyance process ensures that the new owner’s title is properly recorded and recognized under the law. It is a fundamental part of real estate transactions, confirming the lawful change of ownership and protecting the parties’ property rights.
Conveyance Information
In real estate, conveyance refers to both the act of transferring property and the legal document used to complete that transfer. The most common form is a deed, which identifies the grantor (seller) and grantee (buyer) and specifies the property being transferred. Conveyances can include full ownership transfers, partial interests, or easements. The process often involves title searches, preparation of legal documents, and recording the deed with the county clerk. Proper conveyance ensures that ownership rights are clear, valid, and free from undisclosed claims or encumbrances.
Florida Legal Definition
Under Florida law, conveyance encompasses any written instrument that transfers legal title or interest in real property, including deeds, mortgages, leases, and easements. As outlined in Chapter 689, Florida Statutes, deeds must be signed by the grantor in the presence of two subscribing witnesses and properly acknowledged before a notary to be valid. Once executed, the deed should be recorded in the official records of the county where the property is located to provide public notice and protect against future claims. Florida’s conveyance laws are designed to promote transparency, prevent fraud, and secure property ownership rights.
How It’s Used in Practice
In Florida real estate practice, conveyance occurs at closing when ownership is formally transferred from seller to buyer. Attorneys, title companies, or real estate agents prepare and review the deed to ensure compliance with statutory requirements. After execution, the deed is delivered to the buyer and recorded with the county clerk to complete the conveyance. Conveyances may also apply to transfers of partial interests, such as adding a spouse to the title or granting an easement. Clear documentation and recording protect both parties from future disputes and establish a public record of ownership.
Key Takeaways
- Conveyance is the legal transfer of property ownership or interest from one party to another.
- The most common conveyance instrument is a deed, which must be executed and recorded properly.
- Under Chapter 689, Florida Statutes, deeds require two witnesses and notarization to be valid.
- Recording the conveyance in county records provides public notice and safeguards ownership rights.
- Conveyance is a critical step in real estate transactions, ensuring lawful transfer and title protection.
Disclaimer: The information and opinions provided are for general educational, informational or entertainment purposes only and should not be construed as legal advice or a substitute for consultation with a qualified attorney. Any information that you read does not create an attorney–client relationship with Barnes Walker, Goethe, Perron, Shea & Johnson, PLLC, or any of its attorneys. Because laws, regulations, and court interpretations may change over time, the definitions and explanations provided here may not reflect the most current legal standards. The application of law varies depending on your particular facts and jurisdiction. For advice regarding your specific situation, please contact one of our Florida attorneys for personalized guidance.
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