What is a key difference between void and voidable deeds?

A key distinction between void and voidable deeds lies in their validity and enforceability. Void deeds are considered invalid from the outset. This means that they have no legal effect and cannot be enforced or recognized in a court of law. Some common reasons for a deed being void include lack of capacity, illegal purposes, or failure to meet legal formalities required for a valid deed.

In contrast, voidable deeds are valid and can be enforced until they are voided by one of the parties involved. This type of deed may have some defect or issue, such as undue influence, misrepresentation, or a party being a minor, which allows the aggrieved party to choose to void the deed. Until the party affected takes action to void the deed, it remains valid and can be enforced.

This understanding highlights the critical legal implications of each type of deed, particularly in real estate transactions where the validity and enforceability of property-related documents are essential. Recognizing that void deeds are invalid while voidable deeds can be enforced helps clarify the nature of each and their respective implications in legal scenarios.