Massachusetts Real Estate License Practice Test

What essential element must a deed contain to be valid?

1. A notarized signature

2. A description of the parties involved

3. A legal description of the property

4. A date of transaction

The correct answer is: A legal description of the property

For a deed to be considered valid, it is essential that it includes a legal description of the property being conveyed. This legal description serves to accurately and specifically identify the piece of real estate involved in the transaction, distinguishing it from other properties. It typically includes details such as boundaries, measurements, and sometimes references to official survey documents or maps. This specificity is crucial to ensuring that both the current owner and the buyer know exactly what is being transferred in the transaction and protects against disputes regarding property boundaries in the future. While other elements, such as a notarized signature, the identities of the parties, and the date of the transaction, may be necessary for practical purposes or notarization, they do not inherently make the deed valid. However, without a proper legal description, the deed would lack the necessary clarity to be effective in conveying ownership of the property.