Delivery Flashcards
1
Q
Gen Rule
A
Valid delivery of a deed occurs when the grantor through words or conduct shows the intent to make the deed a presently operative conveyance to the grantee
2
Q
Types of delivery
A
Actual-manually delivering the deed. Constructive-delivered with written conditions to a third party (escrow).
3
Q
Oral conditions-Maj view
A
Oral conditions cannot be attached to a delivered deed. Delivery is valid and oral condition void
4
Q
Oral condition-Min view
A
If grantor intended deed to take effect only at grantors death delivery is invalid and not a presently operative conveyance. Deed is void as an attempted testamentary transfer.
5
Q
NC requirements for valid delivery
A
- intent by grantor to give the instrument legal effect 2. words or conduct showing the grantor has put the instrument beyond his legal control 3. acceptance by the grantee
6
Q
Delivery cannot be
A
cancelled or revoked!
