Deeds

Question 1

Merger

Answer 1

if there is disagreement between the contract and the deed, the terms of deed will win

merger refers to concept that can occur when a property owner holds both legal title (ownership), and equitable interest (right to use or possess) in a property.

situation arises when someone who owns a property subject to a contract (such as a land contract or instalment sale contract) finishes / completes payment under the contract

ezz–> when someone buys a property on a payment plan, like a land contract , and then finishes paying for it

• once they’ve paid off the property they fully own the property without any remaining payment obligations or restriction from the contract

Question 2

consideration

Answer 2

conveyance can be a gift, no requirement that deed is supported by consideration

Question 3

remains in grantor’s control

Answer 3

when grantor still has control over the deed and if free to change his mind –> would mean delivery did not occur

Question 4

acceptance

Answer 4

of deed is required, if it is beneficial it is presumed to be accepted ,

returning for safekeeping - if the return is just for safekeeping, this will not equal a lack of acceptance

Question 5

interest conveyed

Answer 5

a deed that is silent as to type of interest conveyed, but is complete
- presumed to convey whatever interest the grantor holds at time of conveyance

Question 6

quit claim

Answer 6

conveys only the interest