There is no delivery where a deed is
handed to the grantee to transmit to a depository to hold in escrow. There is no legal delivery, even where a deed has been physically transferred, when the evidence shows there was no present intent on the part of the grantor to divest himself of title to the land. The conditional delivery prevented merger of the real estate contract and the deed.
- Recording raises a rebuttable presumption of delivery.
- In most jurisdictions, oral conditions drop out and the deed is treated as absolute and effective, so that the grantor has title whether the condition occurs or not.
- Acceptance issues.
- Springing executory interest in the grantee is a future interest that will be valid because the grantee becomes the immediate owner of the interest.
- Delivery is generally only an issue in intrafamily transfers.
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