Contents of the Deed + Delivery

Question 1

Granting/Premises Clauses

Answer 1

Contents:
name of each party
reason for exchange
statement of consideration
purchase price not typically included
statement of consideration description of land
operative words of conveyance

Question 2

Habendum Clause

Answer 2

Describes and limits the estate
to have and to hold language
includes a warranties of title

Question 3

Execution/Conclusion clause

Answer 3

i. Signed, sealed, delivered
ii. Contents:
1. Date, signature, and seal
iii. Concluded by an officer of the state acknowledging the deed and sealing it (notary)
iv. Construed against the drafter as a last resort if elements are in conflict

Question 4

Estoppel by Deed

Answer 4

if a grantor conveys a title he does not have, and later acquires title, automatically conveyed to the grantee. Buyer has option to get money back and force/enforce sale.

Question 5

Once a deed is delivered…

Answer 5

all contract terms are assumed in the deed

Question 6

If it passes to escrow agent

Answer 6

Considered delivered

Question 7

If passed to grantee upon receipt of purchase price

Answer 7

Delivered

Question 8

Estoppel by Delivery must have

Answer 8

intent and grantee must accept

Question 9

Delivery w/o handing over

Answer 9

Can be grantor’s declaration, implied or expressed, that he is bound by his deed

Question 10

Conditional Delivery

Answer 10

If condition in deed then find
Can only be made by placing deed in hands of third-party escrow if it is an oral condition not in deed