Deeds

Question 1

Delivering a Deed Requirements

Answer 1

To be valid, a deed must be “delivered,” which means that the grantor must have taken some action (not necessarily a manual handing over of the deed) with the intent that it operate to pass title immediately.

Recordation is prima facie evidence of delivery.

• Recording a deed that has been acknowledged before a notary is such an action and is presumed to carry with it the requisite intent
• Even without the knowledge of the grantee, delivery to the recorder’s office will satisfy the delivery requirement.
• If the grantor intends the recording of the document to be the final act in vesting title in the grantee, then such recording constitutes delivery

EXCEPTION:
When an intervivos recordation is execution with an effect of delivery upon death, with an property owned with another “joint tenancy with right of survivorship.”

Question 2

Valid Conveyance

Answer 2

Deed must adequately describe the land being conveyed. If it fails to do so, the deed may fail for lack of definiteness.

Mistake or Inconsistincy: Physical description takes over the quantity description, unless the deed needs to be reformed.
I.E.: actual acreage physically says 229, deed says 220. Physical description prevails over the quantity in the deed and deed is still valid with the new number (229).

Question 3

General Warranty Deed

Answer 3

Best Deed
Comes with 6 covenants (3 present and 3 future)

3 Present Covenants (enforced by B and breached at closing):
* Covenant of Seisin (I own it)
* Covenant of Conveyance (I can sell it)
* Covenant Against Encumbrances (I can sell without strings)

3 Future Covenants (run with the land):
* Covenant of Quiet Enjoyment (No one will disturb you)
* Covenant of Warranty (If disturbed, I’ll defend)
* Covenant of Further Assurances (After, I’ll perfect title, won’t happen again)