Delivery and Recording of a Deed

Question 1

Transfer of Deed

Answer 1

Valid transfer requires intent to make a present delivery
This item is usually demonstrated by the delivery of a written deed from grantor to grantee

Question 2

Fraudulent Conveyances

Answer 2

Virginia law will void a transfer if grantor acts with fraudulent intent (transferring property to delay, hinder or defraud creditors, even grantor intended to make a present transfer

Exception-
IF the grantee had no notice of the grantor’s fraudulent intent AND paid valuable consideration the transfer is valid

Question 3

Recording the Deed in Virginia

Answer 3

In order for a deed to be recorded in virginia, the deed MUST be acknowledged by the grantor OR Proved by two witnesses

Question 4

Virginia is a notice statue but

Answer 4

but has been interpreted as a race-notice statute by the VA supreme court—————–Argue both race notice and notice

Question 5

In Virgina inquiry notice

Answer 5

In Virginia, the mere fact that somebody other than grantor is in possession of land IS NOT sufficient to create inquiry notice
Instead there has to be some other evidence that the person in possession of the property has title to the land

Question 6

Estoppel by Deed

Answer 6

Virginia recognizes estoppel by deed, but limits estoppel by deed to the grantor and the grantee
Gary the grantor gives Beth the buyer a warranty deed to land he owns with his wife, Wanda as tenants in the entirety. Gary and Wanda then divorce and their interests convert to tenants in common. Beth can assert estoppel by deed against Gary, but not wanda

Question 7

Virginia General warranty deed

Answer 7

In Virgina, if the deed includes the phrase with “general warranty” then the deed is deemed to include a covenant that the grantor warranties generally the property that is conveyed.
This means that the grantor is deemed to covenant that she, her heirs, and her personal representatives will forever warrant and defend the property to the grantee, his heirs, and his personal representatives against the claims and demands of all persons.
Similarly if the deed was “ with english covenants of title” the deed is deemed to include the six covenants of title that character the general warranty deed.

Question 8

VA recognizes the special warranty deed

Answer 8

This deed warrants that the grantee’s title will not be contested by the grantor or anyone claiming under the grantor