Delivery of Deeds

Question 1

Delivery of deed to grantee’s agent

Effective?

Answer 1

Yes effective delivery

Question 2

Delivery to grantor’s agent

Effective?

Three possible situations

Answer 2

Not yet effectie delivery.

1. authority to deliver may be revoked by grantor prior to effective delivery to grantee
2. Grantee may die before effective delivery
3. Grantor may die before effective delivery (agent’s authority to deliver revoked)

Question 3

Delivery to an escrow agent.

What is it?

What date is delivery marked effective?

What happens if grantee or grantor dies before temrs met?

Answer 3

Irrevocable deed delivery to escrow agent constitutes effectibe delivery on date when conditions specified for conveyance are later satisfied

Even if grantee or grantor dies before terms for conveyance are satisfied, just as long as the terms are satisfied

Death escrows are usually held valid

(Pipes Case)

Question 4

Is this a valid conveyance?

O to A and heirs.

Oral condition “to commence at O’s death”

Answer 4

Invalid transfer.

Attempts testamentary transfer which must be by will.

Intent to make future gift at O’s death.

Question 5

Is this a valid conveyance?

O to A and heirs

O gives in contemplation of death.

Answer 5

Valid transfer of present gift of present interest

Note: revocability of gifts causa mortis NOT APPLICABLE to deeds to real property

Question 6

Is this a valid conveyance?

O to A and heirs

With oral condition other than O’s death

Answer 6

Courts are split.

Valid: but condtion is void
Statute of frauds/Recording Acts

Invalid: b/c grantors intent?
void condtion voids gift

Valid: and condition valid
but protects 3rd parties