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To Have And To Hold The Same, Together With All The Hereditaments And Appurtenances Form

Use a TO HAVE AND TO HOLD THE SAME, Together With All The Hereditaments And Appurtenances template to make your document workflow more streamlined.

What this form does and contains

This form is a deed-style legal instrument whose title uses the traditional phrase “to have and to hold,” connecting a stated conveyance or property interest with the related hereditaments and appurtenances. Its exact legal effect depends on the operative granting language, named parties, property description, execution details, and governing state law. It is not a standardized federal form with a verified issuing agency, universal deadline, or nationwide filing procedure. Before signing, confirm whether the instrument requires witnesses, notary acknowledgment, county recording, or attorney review. signNow can route signatures and preserve audit evidence, but it does not replace those legal requirements.

Identify the intended users and documents

Real estate

Real-estate attorneys, title professionals, and property owners can use this form for a transaction-specific conveyance or related agreement after confirming state acknowledgment and recording requirements.

Business legal

Business legal teams can route this form with contracts, approvals, and supporting property records, while preserving signer identity, execution evidence, and the completed audit trail for internal review.

Understand the form’s legal standing

Electronic execution can support this form’s evidentiary record when the parties show intent, consent, attribution, and reliable retention under ESIGN, 15 U.S.C. ch. 96, and applicable state law such as UETA or New York ESRA. Deeds, notarization, recording, and excluded documents require separate state-specific review.

Why teams look for DocuSign alternatives

Complete and sign the form

Prepare the parties, property language, signature requirements, and state-specific execution details before sending this form through signNow.

  • Upload form:

    Upload the completed form to signNow.
  • Check fields:

    Review detected fields and add missing signer fields.
  • Assign signers:

    Assign each party’s signature and date fields.
  • Send document:

    Send the form for review and signature.
  • Store record:

    Download the completed record and audit trail.
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Set up this form for controlled signing

Configure signing controls around the deed-style language, identified parties, property description, and applicable state recording requirements.

SettingRecommendation
Authentication methodEmail verification with SMS OTP
Signature typeTyped or drawn electronic signature
Audit trailCapture timestamps, IP addresses, and signer actions
Document retentionRetain signed records under applicable state law
EncryptionTLS 1.2/1.3 in transit and AES-256 at rest

Review the audit trail events

The audit trail preserves technical evidence for the form’s signing sequence without replacing state recording, notarization, or legal review requirements.

01

Authenticate signer:

Email, SMS, or identity checks associate the signer with the event.
02

Capture timestamp:

The platform records when each signer opens and signs.
03

Hash document:

A document hash helps identify later content changes.
04

Seal record:

The completed file receives tamper-evident completion evidence.
05

Build history:

The action history connects fields, signers, and document events.
06

Export evidence:

Authorized users can retrieve or export the audit trail.

Track preparation through archival

This form has no verified nationwide filing deadline; execution and recording timing depend on the transaction and applicable state or county rules.

01

Prepare document

Confirm party names, property details, signature fields, and required acknowledgments before sending.
02

Deliver to signers

Deliver the form by email, SMS, or a controlled signing link.
03

Signer turnaround

Each signer reviews the deed language and completes assigned fields.
04

Complete and archive

Download the executed record and audit trail; record it with the proper authority if required.

Retain and protect executed records

Preserve the signed form with its audit evidence, while checking state recording, acknowledgment, and transaction-specific retention requirements before finalizing the records policy.

Preserve the complete execution record

Preserve the completed document, certificate of completion, audit trail, and any related acknowledgments together. Identify the transaction, parties, property, and execution date in the file index so authorized reviewers can connect the electronic record to the underlying conveyance or agreement.

Set retention from governing requirements

Do not apply a universal retention period to this deed-style form. Determine the period from the transaction, state recording rules, title requirements, and any applicable tax or business obligation. State retention rules can exceed federal baselines, so obtain jurisdiction-specific advice.

Export and protect audit evidence

Export the audit trail after every completed signing and restrict access to authorized transaction, legal, and records personnel. Keep the signed PDF and audit evidence in a controlled repository with documented version and access history.

Verify acknowledgment and recording needs

Confirm whether the instrument requires acknowledgment, witnesses, or recording before relying on electronic execution. Real-estate deeds generally require notary acknowledgment in all 50 states, while witness requirements vary by state.

Protect electronic signing records

Encryption in transit:

TLS 1.2/1.3 encryption

Encryption at rest:

AES-256 encryption

Security assurance:

SOC 2 Type II certification

Information security:

ISO 27001 certification

Electronic records:

ESIGN and UETA support

Signer verification:

Two-factor authentication

Check exclusions and state rules

Notarization

May require acknowledgment

Wills

Excluded from ESIGN

Court documents

May require personal filing

Real-estate deeds

Recording rules vary

State execution

Witness rules vary

Avoid privacy and execution pitfalls

  • Property descriptions can expose sensitive addresses and ownership information when access permissions are broader than the transaction team requires.
  • A signer may complete fields without clear electronic consent, weakening evidence that the person intended to execute this specific form.
  • Shared links can be forwarded, creating uncertainty about whether the intended party completed the property-related signing event.
  • Missing acknowledgments or witness fields can delay recording even when the electronic signature workflow is complete.

Troubleshoot signing and recording issues

Resolve field, signer, audit-trail, and recording questions by separating signNow workflow controls from requirements imposed by ESIGN, UETA, state law, and county recording offices.

Upload the exact document version and use signNow’s field detection as a review aid, not as a substitute for checking property descriptions, party names, acknowledgments, and signature placement. Add or correct fields manually before sending the form.

Business includes legally binding eSignatures, templates, and audit trails at $8/user/month with annual billing. The plan includes 100 signature invites per user per year; overage fees may apply, so review usage before sending high-volume forms.

Electronic execution does not itself satisfy every deed requirement. Real-estate deeds generally require notary acknowledgment in all 50 states, while witness and recording rules vary. Confirm the receiving county’s requirements before treating the signed form as recordable.

ESIGN and UETA generally recognize electronic signatures when intent, consent, attribution, and record retention are established. Wills, codicils, testamentary trusts, court filings, and family law decrees are excluded under ESIGN, 15 U.S.C. §7003.

Use SMS OTP or another configured authentication control when the transaction requires stronger signer attribution. signNow audit trails record signer actions, timestamps, and IP information, but authentication settings should match the parties, risk, and applicable state requirements.

Download the completed PDF and certificate of completion after all parties sign. Preserve the audit trail with the executed form, then apply the transaction’s state, county, title, tax, and records requirements rather than an assumed universal retention period.

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