Deeds Flashcards
THE DELIVERY REQUIREMENT
A deed isn’t effective to transfer an interest in realty unless it has
been delivered. Delivery turns on the grantor’s intent that title
pass immediately, even if possession is postponed. Acceptance is
presumed.
* The delivery requirement
Delivery
if the grantee has
possession of the deed, delivery is presumed. Additionally, delivery is
presumed if the deed is:
* Handed to the grantee,
* Acknowledged
Delivery with Written Conditions
A deed containing a written condition is generally valid when delivered.
If the condition is the grantor’s death, the deed creates a future
interest (an executory interest) in the grantee.
Delivery to Third Party
A delivery to a third party with instructions to deliver the deed to the
intended grantee is considered valid delivery.