In fulfillment of its public awareness and education program, the Land Commission is pleased to publish this information on the various types of Deeds as prescribed by the Ministry of Lands, Mines and Energy.
Question: What are the various types of Deeds and their significance?
Answer: There are several types of Deeds. We will tell you about some of the most common ones; namely:
(1) Eleemosynary Grant Deed: Used as a gratis conveyance, whether or not reciprocally, to a diplomatic mission or to a religious institution (as in the case of ELWA) for an indefinite period of time but with the right of reversion reserved in the government, which shall become vested at the time of abandonment of the property or when the property shall no longer be used for diplomatic or religious purposes by the tenant.
(2) Mother Deed:Mother deed is an important document in a property transaction. This is the document that traces the origin of property as well as all other relevant conveyance deeds. It is the main document to determine ownership of a property. Tracing ownerships should always begin with scrutiny of the earliest document recorded.
If such documents are not made available, certified copies have to be obtained from the registering authorities. Earlier documents are called mother or parent documents.
Ownership of property changes hands through a series of transactions. It is very important to trace the ownership of a property, especially when it is either being purchased or is being offered as a security. Mother deed acts as the main legal document as evidence ownership of property. It also acts as the main document for further sale by the buyer as it establishes proof of his ownership.
(3) Public Land Sale Deed: Used for the sale of public land only by the Republic of Liberia at the government’s statutory price, procedures and allocation. This deed bears the signature of the President of Liberia.
(4) Curator’s Deed: This is used when a Probate Judge, after diligent inquiry to identify the heirs of an unattended intestate estate, orders the Curator of Intestate Estate to administer the Intestate Estate and sell the lands of the deceased to pay the just debts of the estate by executing and issuing Curator’s Deed
(5) Warranty Deed: This is used mostly for the sale of private lands, and ordinarily referred to as deed with covenants. It carries the signature of the original seller of the land and the private surveyor.
(6) Quit Claim Deed: This is used frequently by co-owners to partition and distribute their property held in common by signing Quit Claim Deeds to one another with or without a bill in equity to the same effect, it may be adopted when the transferor warrants his or her previous right of occupancy of the land conveyed, but not against any superior claims.
(7) Executor’s Deed: This deed is employed to distribute the estate (land) of a person who died leaving a valid last will and testament upon a decree of the proper probate court; an Executrix Deed shall be used where the will names a woman as executor.
(8) Administrator or Administratrix’s Deed: Used mostly for the purpose of distributing an intestate estate of a deceased or where executor(s) named in a valid will have all died or have been disqualified by the court. Every such Administrator or Administratrix shall be appointed by probate court of the city and county where the land is located or where the deceased last had his domicile.
(9) Deed of Escheat: Used by the Probate Court to transfer a Private Land to the Government due to failure of heirs and also land abandoned by a charitable or political institution.
(10) Trust Deed: Used to convey property in trust to a person called trustee to manage it for the benefit of another person or persons to achieve some desired objectives of the maker of the trust after which the trust property shall be distributed to the named beneficiaries. A Trust Deed involving a real property shall not convey absolute title to the trustee but to the beneficiaries as designated by the Deed of Trust.