Deeds & Closing Flashcards
To pass legal title from grantor to grantee, the deed must be…
lawfully executed and delivered.
Executing a valid deed requires:
(1) A writing signed by the grantor;
(2) An unambiguous desription of the land;
(3) Identification of the parties by name or description;
(4) Words of intent to transfer, such as “grant.”
HYPO: The deed recites that O conveys “all of O’s land,” or “all of O’s land in Essex County,” would these descriptions suffice?
Yes – with research “all” can be discerned.
If a deed is delivered with the name of the grantee left blank, the court…
presumes the person taking delivery has authority to fill in the name of the grantee.
If a deed is delivered with the land description left blank, the court will…
void the deed, unless the grantee was explicitly given authority to fill in the description.
A deed isn’t effective to transfer an interest in realty unless it has been…
delivered.
Delivery is presumed if:
- Grantee has possession of the deed;
- The deed has been handed to the grantee;
- The deed is acknowledged by the grantor in front of a notary; or
- The deed is recorded.
The legal standard for delivery is…
the grantor’s intent to pass title.
HYPO: As a surprise graduation gift, A’s Aunt Gertrude executes a deed conveying Blackacre to A. A responds, “I can’t accept such a lavish gift,” who does Blackacre belong to?
Aunt Gertrude – express rejection defeats delivery.
HYPO: O conveys a deed to Blackacre that is absolute on its face, but says to grantee, “Blackacre is yours only if you survive me.” What is the effect of the oral condition?
It is VOID, an oral condition drops out – the Grantee will take free of the condition.
A Quitclaim deed promises….
nothing, grantor isn’t even promising that he has title to convey.
A General Warrantee deed promises….
to warrant against all defects in title, including those attributable to the grantor’s predecessors.
A Special Warranty Deed promises…
to warrant against all defects in title, only on behalf of himself.
The three present covenants are….
- The covenant of seisin;
- The covenant of the right to convey;
- The covenant against encumbrances.
The three futue covenants are…
- The covenant of quiet enjoyment;
- The covenant of warranty; and
- The covenant for future assurances.
A future covenant is not breached until…
the grantee is disturbed in possession.
A statuatory specialty warranty deed creates by implication two limited assurances against acts of the grantor, these are…
- That the grantor has not conveyed the same estate or any interest therein to anyone other than the grantee; and
- That the estate is free from encumbrances made by the grantor.
How does one know when a statuatory special warranty deed is implicated?
When the deed is conveyed by use of the word “grant” in a conveyance without a designation of the type of deed.
If there are successive conveuances by general warrantee deed and the last grantee is evicted by lawful claim of title, he may sue…
anyone up the line.
In Virginia, a deed to a dead person is…
void, but the doctrine of equitable conversion will allow a deed to be made to the dead person’s estate.
A void deed will be ….
set aside by the court, even if the property has passed to a bona fide purchaser.
A voidable deed will be set aside only if…
the property has not passed to a bona fide purchaser.
Void deeds include those that are…
- Forged;
- Never delivered;
- Issued to a nonexistent grantee; or
- Obtained by fraud in the factum.
Voidable deeds include those…
- Executed by a minor or incapacitated person; and
- Those obtained through fraud in the inducement, duress, undue influence, mistake, and breach of fiduciary duties.
