Deeds Flashcards
Deed —
transfers title to an interest in real property.
What are the requirements for a deed to be valid?
A deed must be in writing, signed by the grantor, and reasonably identify the parties and land.
What happens if a deed is delivered to someone and the name of the grantee on the deed is left blank?
The court will consider the person to whom the deed was delivered as being the person intended to be the grantee.
Void Deed
a deed that was never delivered, forged, was issued to a non-existent grantee, or obtained by fraud.
A ______ deed will be set aside if the property has passed to a bona fide purchaser.
void
A description of land in a deed is sufficient if it provides a _____________ to the identity of the property.
good lead
What happens if a deed’s description of land is too indefinite?
Title will remain with the grantor.
Is parol evidence allowed to assist in determining the property conveyed in a deed?
Yes
When will a deed be reformed by a court?
When it does not reflect the parties’ intent because of mutual mistake, a scivener’s error, or a unilateral mistake caused by misrepresentation.
A deed is not effective unless it is ____________ and ___________.
delivered; accepted
Is physical delivery to the grantee required for proper delivery?
No, just intent by the grantor to deliver is enough.
After delivery of a deed, can title be canceled or taken back?
No
What effect does not recording a deed have?
None
Can a deed be transferred upon the death of a grantor?
Yes
Are oral conditions accompanying the delivery of a deed valid?
No
Can a grantor deliver a deed to a third party with instructions to deliver it to the grantee?
Yes, that is a valid delivery.
What is a third party delivery with conditions?
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.
What happens if a grantee receives the deed from the third party prior to the happening of the condition?
Title does not pass.
What are the three types of deeds?
General warranty deed, statutory special warranty deed, and quitclaim deed.
General Warranty Deed —
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.
Statutory Special Warranty Deed
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.
Quitclaim Deed
releases whatever interest the grantor has. No covenants are included or implied.
Estoppel by Deed
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.
Do deeds require consideration to be valid?
no
When does estoppel by deed apply?
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.
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?
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.
