Deeds and title disputes: deed validity

Question 1

Deed requirements

Answer 1

A valid deed requires:

(1) The parties, signed by the grantor to meet statute of frauds requirements;
(2) Words of transfer evidencing present intent to transfer; and
(3) Sufficient description of the property—e.g., by way of monuments or physical attributes. The description of the property may be supplemented by extrinsic evidence.

No consideration is needed. Many deeds, in fact, effect a gratuitous transfer of property.

Question 2

Delivery

Answer 2

A deed is valid if the grantor had present intent to transfer the property.

Recordation of a deed creates a presumption of delivery.

Question 3

Delivery: failure to deliver

Answer 3

Failure to deliver the deed does give rise to a presumption that the grantor did not intend to make a present transfer, but that presumption can be rebutted with parol evidence.

Question 4

Delivery: transfer to a third party

Answer 4

Giving the deed to a third party without reserving the right to reclaim the deed effects delivery of the deed.

Question 5

Acceptance: transfer for value

Answer 5

Acceptance is presumed on the date of transfer if the transfer is for value, even if the transferee does not physically receive the deed.

Question 6

Parol evidence rule

Answer 6

When the grantor transfers the deed to the grantee subject to a condition that does not appear in the deed—e.g., an oral condition—parol evidence is not admissible and the condition is not enforceable.

Question 7

Parol evidence rule: interpretation of a deed

Answer 7

The parol evidence rule does not prevent the introduction of oral evidence to explain or interpret a written deed—e.g., to show that the deed was subject to an agreement that the property serve as security for an obligation.

Question 8

Delivery: intent to transfer at death

Answer 8

An intent to have a transfer be effective at the grantor’s death is valid in a will—but not in a deed—unless the deed expressly reserves a life estate.

Question 9

Deed requirements: amaneunsis

Answer 9

An amaneunsis is a person whose only act is signing a specific deed at the grantor’s request.

There need not be written authorization for an amaneunsis to sign a specific deed at the grantor’s request.

The “equal dignities” rule would otherwise apply, requiring an agent’s authority to be in writing if the act she performs also requires a writing.

Question 10

Deed requirements: deed poll

Answer 10

A deed poll is one signed only by the grantor.

The grantee of a deed poll need not sign the deed, but if the grantee accepts the deed, he or she accepts all conditions in it, including, e.g., equitable servitudes.