Conveying Property By Deed

Question 1

How is title transferred?

Answer 1

By deed.

Three types:

1. General warranty deed
2. Special warranty deed
3. Quitclaim deed

Question 2

Elements of General Warranty Deed

Answer 2

1) Seller warrants
2) no title defects occurred
3) while he owned the property
4) and no defects in the chain of title

Question 3

Elements of Special Warranty Deed

Answer 3

1) Seller warrants
2) no title defects occurred
3) while he owned the property
4) seller does not warrant that were are no defects in the chain of title

Question 4

Elements of Quitclaim Deed

Answer 4

1) Seller does not make any warranties

2) Grantor conveys whatever interest he may have

Question 5

Requirements to transfer by deed

Answer 5

donative intent;
delivery;
acceptance

Question 6

What is donative intent?

Answer 6

Grantor intends to transfer an interest immediately to the grantee

Question 7

What is delivery satisfied?

Answer 7

(1) Through the physical act of handing the deed to someone

2) Mere words (e.g. declaration of intent + relinquishment of control

Question 8

When does presumption of delivery arise?

Answer 8

(1) the deed is later found in the grantee’s possession;
(2) the deed is properly executed and recorded; or
(3) the deed contains an attestation clause that attests to delivery.

Question 9

When is acceptance presumed?

Answer 9

if the conveyance is bene cial to the grantee