When it comes to real estate transactions, it is not uncommon for parties to want to make changes to the terms of a deed after it has been executed. However, the question arises as to whether or not a deed can be varied by agreement. The answer to this question depends on a number of factors, including the type of deed in question, the nature of the changes being proposed, and the legal requirements for making modifications to a deed.
Firstly, it is important to understand that there are several different types of deeds. The most common types are warranty deeds, quitclaim deeds, and deeds of trust. Each type of deed has its own unique language, legal requirements, and limitations. For example, a warranty deed typically includes a guarantee that the grantor (seller) has clear title to the property and the right to sell it to the grantee (buyer). A quitclaim deed, on the other hand, simply transfers whatever interest the grantor has in the property, without any warranties or guarantees.
In general, it is easier to make changes to a quitclaim deed than to a warranty deed. This is because a quitclaim deed does not contain any promises or guarantees, so there is less risk to the parties involved. However, it is still important to follow proper legal procedures when making changes to any type of deed.
Assuming that the parties want to make changes to a deed, the next step is to determine the nature of the changes being proposed. Some changes, such as correcting a typo or changing the spelling of a name, may be relatively minor and easy to accomplish. Other changes, such as adding or removing a co-owner, may be more complicated and require legal assistance.
In general, any changes to a deed must be made with the agreement of all parties involved. This means that the grantor (seller) and grantee (buyer) must both agree to the changes, and the changes must be documented in writing. In some cases, the parties may need to file a new deed with the county clerk or other relevant authorities to make the changes official.
In conclusion, it is possible to vary a deed by agreement, but the process can be complex and involves several legal requirements. If you are considering making changes to a deed, it is important to consult with a qualified attorney or real estate professional to ensure that you follow the proper procedures and protect your legal rights.