Deed Transfers and Recording Acts

Question 1

What is the presumption that occurs when a grantor records a deed they intend to transfer?

Answer 1

Recording a deed raises a rebuttable presumption of delivery.

Further, acceptance of delivery is presumed if the transfer would be beneficiary to the transferee.

Question 2

MBE TIP: What happens when there is a conflict between a will and a deed?

Answer 2

A will, regardless of when executed during the testator’s lifetime, does not take effect until the testator’s death.

That means a deed that is delivered or transfer before the will will always govern ownership of the property.

Question 3

What are the requirements of a valid deed?

Answer 3

1) Intent to make a present transfer of interest

• Ask if there is anything that allows the grantor to change their mind!

2) In writing re: SOF

• Grantor’s signature
• Words of transfer
• Named grantee
• Description of property

3) Be delivered to grantee