Deeds

Question 1

Formalities

Answer 1

A deed must be

1. In writing
2. Be signed by the grantor

3 reasonably identify the parties and land.

Question 2

Deed missing name of grantee

Answer 2

If deed delivered with name of grantee left blank, court presumes that person taking delivery has authority to fill in name of grantee: if person fills in name deed = valid.

Question 3

Land description left blank

Answer 3

If land description left blank, deed is void unless grantee given express authority to fill in description

Question 4

Defective deeds

Answer 4

Void deed will be set aside by court even if the property passed to BFP.

Voidable deed will be set aside only if property has not passed to BFP.

Question 5

Void deeds

Answer 5

Those that are

1. Forged
2. Never delivered
3. Issues to nonexistent grantee
4. Obtained by fraud in the faction

Question 6

Voidable Deeds

Answer 6

Those

1. executed by minors or incapacitated,
2. Obtained through fraud
3. Duress
4. Undue influence
5. Mistake
6. Breach of fiduciary duty

Question 7

Description of land conveyed

Answer 7

A description is sufficient if it provides a good lead to the identity of the property.

Too indefinite: grantor retains title (but reformation or deed possible remedy)