Legal Definitions - delivery of deed

Delivery of Deed refers to the crucial legal step where a property owner (the grantor) formally transfers the document of ownership (the deed) to the new owner (the grantee). This act signifies the grantor's clear intention to immediately transfer legal ownership of the property.

While often involving the physical handover of the deed, it can also occur when the grantor demonstrates a clear and unmistakable intent to complete the transfer, even if the physical document isn't directly placed into the grantee's hands at that exact moment. The key element is the grantor's intent to relinquish control and convey ownership, making the transfer legally effective.

• Example 1: Direct Physical Handover

  Sarah decides to give her vacation cabin to her niece, Emily. They meet, and Sarah signs the deed in front of a notary, then physically hands the signed and notarized deed directly to Emily, saying, "This cabin is now yours."

  Explanation: This is a classic example of "delivery of deed." Sarah's act of physically handing the deed to Emily, combined with her explicit statement of intent, clearly demonstrates that she has relinquished ownership and transferred it to Emily. The transfer of legal title is complete at that moment.

• Example 2: Delivery Through an Agent

  John sells his house to Maria. At the closing, after signing the deed, John instructs his attorney to immediately record the deed with the county recorder's office and then mail the original recorded deed to Maria. John then tells Maria, "The house is officially yours; the deed is being recorded and will be sent to you."

  Explanation: Even though John didn't physically hand the deed directly to Maria, his actions (signing, instructing his attorney to record and send) and words clearly show his intent to complete the conveyance and relinquish control. The act of placing the deed within the control of his attorney for the benefit of Maria, coupled with his communication to Maria, constitutes legal delivery.

• Example 3: Delivery by Manifested Intent and Control

  An elderly couple, the Millers, want to ensure their farm passes to their son, David, without going through probate. They sign a deed transferring the farm to David and place it in a safe deposit box that they share with David, giving him a key and telling him, "The farm is yours now, the deed is in the box."

  Explanation: In this situation, the Millers have not physically handed the deed to David, but by signing it, placing it in a shared, accessible location, and explicitly communicating their intent to transfer ownership, they have legally delivered the deed. They have relinquished control and manifested their intention for the conveyance to be complete, making David the legal owner.