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Simple English definitions for legal terms
delivery of deed
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A quick definition of delivery of deed:
Delivery of Deed: When someone gives another person a piece of paper that says they now own a piece of land or a house, this is called the delivery of a deed. It's like giving a gift to someone, but instead of a toy or a book, it's a piece of property. The person who gives the deed is called the grantor, and the person who receives it is called the grantee. The grantor has to show that they really mean to give the property to the grantee, and the grantee has to be able to hold onto the deed or have control over it. This is important because it shows that the transfer of ownership is real and official.
A more thorough explanation:
Definition: Delivery of deed refers to the act of placing a deed in the hands of the grantee or within their control. This act shows the grantor's intention to immediately convey the property to the grantee. A deed can also be considered delivered when the grantor expresses their intention to complete the conveyance, regardless of actual delivery.
Example 1: John wants to sell his house to Jane. He signs the deed and hands it over to her. This is an example of delivery of deed because John has placed the deed in Jane's hands, showing his intention to convey the property to her.
Example 2: Sarah wants to give her property to her daughter, Emily. She signs the deed and puts it in a safe deposit box, which she gives the key to Emily. This is also an example of delivery of deed because Sarah has placed the deed within Emily's control, showing her intention to convey the property to her.
Example 3: Tom wants to sell his property to Jerry. He signs the deed and tells Jerry that he will give it to him once he receives the full payment. Even though the deed has not been physically delivered, this is still an example of delivery of deed because Tom has expressed his intention to complete the conveyance once he receives the payment.
These examples illustrate how delivery of deed is the act of showing the grantee that the grantor intends to convey the property to them. It can be done by physically handing over the deed or by expressing the intention to complete the conveyance.