Deeds

Question 1

Requirements for a Valid Deed

Answer 1

It must be delivered and accepted by the grantee

Question 2

Delivery of a Deed

Answer 2

Controlling question = whether the grantor had the present intent to transfer the property

Physical transfer of a deed is NOT required

The grantor can make proper delivery to an agent

Question 3

Acceptance of a Deed

Answer 3

Acceptance is generally presumed, provided the transfer is for value.

Note: if someone accepts a deed and then decides they don’t want it anymore, they must execute a new deed back to the grantor

Question 4

Contents of a Valid Deed

Answer 4

A valid deed must have:

1) an identification of the parties (grantor and grantee)

2) signature of the grantor (per the SOF)

3) words of transfer (a granting clause can include any words that evidence a present intent to transfer)

4) a sufficient description of the property
- does not have to be a legal description
- can be based on physical attributes of the property
- extrinsic evidence could be admitted to clarify an ambiguous description

Question 5

Forged Signature on Deed

Answer 5

If the signature is forged, the deed is void, even if the purchaser is a bonafide purchaser.

Question 6

Equal Dignities Rule

Answer 6

Relates to a principal appointing an agent to execute a deed

If the agent is required to sign (execute the deed), then the agency relationship must be created in writing