Deeds

Question 1

Deed —

Answer 1

transfers title to an interest in real property.

Question 2

What are the requirements for a deed to be valid?

Answer 2

A deed must be in writing, signed by the grantor, and reasonably identify the parties and land.

Question 3

What happens if a deed is delivered to someone and the name of the grantee on the deed is left blank?

Answer 3

The court will consider the person to whom the deed was delivered as being the person intended to be the grantee.

Question 4

Void Deed

Answer 4

a deed that was never delivered, forged, was issued to a non-existent grantee, or obtained by fraud.

Question 5

A ______ deed will be set aside if the property has passed to a bona fide purchaser.

Answer 5

void

Question 6

A description of land in a deed is sufficient if it provides a _____________ to the identity of the property.

Answer 6

good lead

Question 7

What happens if a deed’s description of land is too indefinite?

Answer 7

Title will remain with the grantor.

Question 8

Is parol evidence allowed to assist in determining the property conveyed in a deed?

Answer 8

Yes

Question 9

When will a deed be reformed by a court?

Answer 9

When it does not reflect the parties’ intent because of mutual mistake, a scivener’s error, or a unilateral mistake caused by misrepresentation.

Question 10

A deed is not effective unless it is ____________ and ___________.

Answer 10

delivered; accepted

Question 11

Is physical delivery to the grantee required for proper delivery?

Answer 11

No, just intent by the grantor to deliver is enough.

Question 12

After delivery of a deed, can title be canceled or taken back?

Answer 12

No

Question 13

What effect does not recording a deed have?

Answer 13

None

Question 14

Can a deed be transferred upon the death of a grantor?

Answer 14

Yes

Question 15

Are oral conditions accompanying the delivery of a deed valid?

Answer 15

No

Question 16

Can a grantor deliver a deed to a third party with instructions to deliver it to the grantee?

Answer 16

Yes, that is a valid delivery.

Question 17

What is a third party delivery with conditions?

Answer 17

Where a grantor gives a deed to a third party with instructions to deliver the deed to the grantee upon the happening of a stated event.

Question 18

What happens if a grantee receives the deed from the third party prior to the happening of the condition?

Answer 18

Title does not pass.

Question 19

What are the three types of deeds?

Answer 19

General warranty deed, statutory special warranty deed, and quitclaim deed.

Question 20

General Warranty Deed —

Answer 20

the best type of deed one can get. This contains covenants that the grantor has seisin, has the right to convey, that the land is free of encumbrances, that the grantee will have quiet enjoyment, and that the grantor will defend the grantee’s interest.

Question 21

Statutory Special Warranty Deed

Answer 21

an OK deed to have which contains two assurances: the grantor has not conveyed to property to anyone else, and that the estate is free of encumbrances.

Question 22

Quitclaim Deed

Answer 22

releases whatever interest the grantor has. No covenants are included or implied.

Question 23

Estoppel by Deed

Answer 23

where a grantor purports to convey title in an estate she does not then own, her subsequent acquisition of the land will automatically transfer to the person whom she purported to transfer title to. This does not apply to quitclaim deeds.

Question 24

Do deeds require consideration to be valid?

Answer 24

no

Question 25

When does estoppel by deed apply?

Answer 25

only where there is a deed executed by one who does not own the title being conveyed; i.e. it is almost fraudulent that the person is purporting to convey the property via deed. The doctrine does not apply where there is a mere promise to convey in the future.

Question 26

Where a person who does not own property purports to convey it to someone, and then when they gain title to the property, gives it to someone else, does the first person have a claim of estoppel by deed?

Answer 26

no. Estoppel by deed does not apply against a subsequent bona fide purchaser who takes the property without notice of the prior conveyance, even if the grantor did not have title to the property when they made the original conveyance.