Pg 52

Question 1

If there are multiple deeds made out by a grantor, which one controls?

Answer 1

He first one

Question 2

If a clerical error was made in the drafting of a deed, what happens?

Answer 2

The court will find a way to rectify it if it is clear

Question 3

What is involved in the delivery/acceptance of a deed?

Answer 3

A deed is only effective when it is delivered.

Question 4

If a deed is not delivered, what happens to title?

Answer 4

It does not pass

Question 5

There has been a failure of delivery or acceptance of a deed, what happens to the deed?

Answer 5

That voids it

Question 6

What is required to meet the delivery element for a deed?

Answer 6

This is a state of mind that exists if the grantor presently intends the property to transfer to the grantee, even if possession is postponed

Question 7

What are the different types of delivery of a deed?

Answer 7

Manual, notarized acknowledgement by the grantor, recording/anything that shows the grantor’s intent to deliver

Question 8

If a grantor gives the deed to a grantee, what does that say about delivery?

Answer 8

There is a rebuttable presumption of delivery, unless the grantor did not intend present delivery

Question 9

If a grantor attempts to orally insert a condition for delivery of a deed at the time of delivery, how does that work?

Answer 9

The conveyance was the document of the deed that had no conditions, so trying to orally insert them at the time of delivery makes the conditions not valid. If conditions exist, they must be spelled out in the conveyance

Question 10

If you say to someone, “I’m giving this property to you if you graduate school” and hand them the deed which has no conditions in it, is the condition of graduating from school valid?

Answer 10

No because it was not spelled out in the conveyance

Question 11

If a grantor keeps the deed, what is the presumption?

Answer 11

There’s a rebuttable presumption of no delivery

Question 12

If a grantor gives the deed to a third person, what does that say about whether the deed is valid?

Answer 12

If it is given to an escrow agent with instructions to transfer upon his death, there must be present intent to transfer at the time he gave the deed to the agent and unconditional instructions that constitute a delivery. He cannot say, “unless you hear from me to the contrary.“

If there’s no intent to make a present transfer, it doesn’t account. If so, giving the deed to the third-party is delivery to the grantee

Question 13

What is the definition of delivery in relation to a deed?

Answer 13

An act that the grantor demonstrates that the deed is to be presently operative with intent to do so. This usually means giving a signed deed to someone else that results in an irrevocable transfer of title, which still counts even if possession is postponed.

There must be actual or constructive delivery without exclusive control or recall.

Question 14

When is the transfer of a deed considered to be effective?

Answer 14

When there has been delivery and acceptance

Question 15

If a grantor wants to dispose of his property in a way that will be effective on his death, and executes the deed, but does not make a manual delivery to the grantee, and instead keeps it locked in a safe, and the grantee perhaps doesn’t even know about it, but then gets the deed after the grantor dies, what has happened here?

Answer 15

The grantor was really trying to use the deed as a will. This is actually a testamentary transfer that should be probated and so the condition of death is disregarded

Question 16

Does telling someone that you executed a deed to them constitute delivery?

Answer 16

No

Question 17

If you record a deed in someone else’s name with the intent to transfer the property to them, does that count as delivery?

Answer 17

Yes there is a presumption of delivery, although this can be nullified by recording a non-acceptance

Question 18

What are the elements that must be met in order to transfer property?

Answer 18

– Intent
– to make the deed presently effective
– delivery
– acceptance

Question 19

In order for transfer of property to occur, is it necessary that there be physical delivery of possession of the property?

Answer 19

No

Question 20

If a grantor physically keeps a deed and does nothing else to show delivery, but had intent to make the deed presently effective, has delivery occurred?

Answer 20

Yes

Question 21

Is delivery valid even in situations when the grantee had no knowledge of the location of the deed?

Answer 21

Yes, as long as there is an intent to make the deed presently effective. But non-delivery is presumed if the grantor keeps possession

Question 22

Recorded deeds are presumed to be what?

Answer 22

Delivered

Question 23

If a dad makes a deed and he doesn’t manually deliver it to his son or tell his son about it but keeps it in a safety deposit box, and the son gets it once he dies, and there is a title dispute with the family saying that the deed was not delivered, what happens?

Answer 23

The dad tried to use the deed as a will with no intent for interest to be transferred immediately.

The courts will fix this through the legal fiction of saying that his immediate transfer was subject to a life estate. Although the traditional view says the condition of death is not binding and so the deed is void

Question 24

Is it necessary that the grantee have knowledge of the location of a deed in order for delivery to be effective?

Answer 24

No

Question 25

Is it enough for proof of delivery if the grantor made statements to third parties that he intended someone to have the property?

Answer 25

Yes

Question 26

If there are conditions that are put on a deed, how does that affect delivery?

Answer 26

– Majority: the deed is valid and the condition is disregarded
– minority: the grantee only gets title if the condition is fulfilled

Question 27

What is the proper way to put a condition on a deed?

Answer 27

Draft the deed to convey a future interest that is contingent on an event’s occurrence

Question 28

If you reserve in a deed a life estate for the grantor, has delivery happened?

Answer 28

Yes because the interest in the land was presently transferred by the deed [future interest]

Question 29

If you make a deed to your sister and you tell her she owns the land, but you keep the deed and then destroy it and deed the land to your son, who owns the land?

Answer 29

The son because nothing was actually delivered to the sister. Just telling someone that they are the owner of land is not a delivery. Retention is a strong presumption of no delivery, so you need massive extrinsic evidence to overcome this besides just donative intent. If you told your sister the combination to the vault and that she should get the deed, that would be different

Question 30

If a deed is destroyed after valid delivery, what effect does the destruction have?

Answer 30

None because the conveyance is complete on delivery

Question 31

If you deliver a deed into escrow with instructions to give to the grantee, has that been a valid delivery?

Answer 31

Yes

Question 32

Once there has been delivery of a deed, what is necessary in order to finalize the transaction?

Answer 32

Acceptance

Question 33

When is acceptance of a deed presumed?

Answer 33

If it is beneficial to the grantee, regardless of whether the grantee has knowledge of the conveyance

Question 34

Is it necessary for there to be acceptance of a deed that you affirmatively show that acceptance?

Answer 34

No

Question 35

Because acceptance of a deed is presumed if the conveyance is beneficial to the grantee, what must be done if the person does not want the deed?

Answer 35

He must expressly refuse to accept the deed

Question 36

What is the date of acceptance on a deed if the deed is in escrow?

Answer 36

The date the deed was delivered into escrow because States presume that the acceptance relates back to that date

Question 37

If you record a deed that has been transferred to you, what does that say?

Answer 37

That shows that you accepted the deed

Question 38

Is it possible to record a non-acceptance of a deed?

Answer 38

Yes, and this lets others know that you do not accept the property.