Delivery and Recording of Deed

Question 1

To transfer real property interest - 2 requirements

Answer 1

1. Grantor demonstrates intent to make a present transfer

2. grantee must accept

Question 2

Intent to transfer

Answer 2

Usually manifested by delivery

Question 3

Delivery completed by…

Answer 3

giving or mailing deed
OR words and conduct of grantor

If grantor keeps the deed, presumption against intent to transfer, but parol evidence can be used to establish intent

Question 4

When is parol evidence OK re: deed transfer?

Answer 4

overcome presumptions (if delivered, presumed intent; if not delivered, presumed to not intend)

NOT OK for grants subject to an oral condition - condition not enforceable

Question 5

Grantor giving deed to her own agent

Answer 5

treated as retaining the deed, even if grantor has instructed agent to deliver at some future time

Grantor can revoke and ask for return of deed (unless already delivered)

Question 6

Grantor giving deed to Grantee’s agent

Answer 6

transfer treated as if it was made to grantee herself

Question 7

What is required for a deed?

Answer 7

Identity of grantor and grantee - must be identified

Words of transfer

Description of property interest - reasonably definite

Grantor’s signature - does not need to be witnessed or notarized

Do NOT need consideration!

Question 8

Equal dignities rule

Answer 8

when act performed by agent must be in writing (like executing a deed, contract for sale), agent authority must also be in writing

Question 9

Who gets the protection of the recording acts?

Answer 9

ONLY those who have paid for an interest in property

Question 10

Shelter rule

Answer 10

grantors protected by a recording act can SHELTER their grantees who would be unprotected

Except - non bonafide purchaser cannot convey to BFP and then buy back to get BFP status

Question 11

What kind of notice satisfies?

Answer 11

actual or constructive (knowledge that would come from a reasonable inspection)

Question 12

Wild Deed

Answer 12

usually a deed that comes from someone who didn’t record, so there’s a missing link in the “chain” of title

cannot serve as notice

Question 13

Estoppel by deed

Answer 13

someone who conveys an interest in land by warranty deed before they actually own it - cant then later deny teh effectiveness of the deed

Question 14

Types of deeds

Answer 14

1. general warranty
2. special warranty
3. quitclaim

Question 15

General warranty deed

Answer 15

Guarantees ALL 6 covenants of title

Present:

1. seisin
2. right to convey
3. covenant against encumbrances

Future

4. quiet enjoyment
5. warranty
6. further enjoyment

Question 16

Covenant of seisin

Answer 16

grantor owns the land as described in the deed

Question 17

covenant of right to convey

Answer 17

grantor has the right to transfer title

Question 18

covenant against encumbrances

Answer 18

deed contains no undisclosed encumbrances

Question 19

covenant of quiet enjoyment

Answer 19

possession will not be interfered with by a 3rd party’s claim for title

Question 20

covenant of warranty

Answer 20

grantor will defend against a 3rd party’s claim for title

Question 21

covenant for further assurances

Answer 21

grantor will do whatever is necessary to perfect title, should it turn out to be defective

Question 22

At what time does breach of a covenant occur?

Answer 22

at conveyance

Question 23

Special warranty deed

Answer 23

same covenants as general warranty, but ONLY warrants against defects arising during the time the grantor had title

Question 24

Quitclaim deed

Answer 24

NO COVENANTS OF TITLE - grantee receives no better title than what the grantor had