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Article

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Delivery and Acceptance of Deeds, 13 Central Law Journal 222 (1881)

Abstract

That the mere signing and sealing of a deed imparts no validity to the instrument is well known, and it is a familiar principle of the law of real property, that delivery of the deed is necessary in order to pass the title from the grantor to the grantee. This principle has been enunciated again and again in most of the States. It is equally familiar law, that the acceptance of the deed by the grantee is as essential as its delivery by the grantor. The title will not pass, unless the grantee has assented to receive the deed. Inasmuch as the deed has no validity until it has been accepted as well as delivered, it is held that the grantee must accept before the rights of third parties have intervened, or the title passes subject to the rights of such parties. To make delivery of the deed, it is not necessary that there should be any particular form or ceremony, nor that the deed should be actually handed over by the grantor to the grantee. The question of delivery is always one as to the intention of the parties. It may be effected by words without acts, or by acts without words, or by both act and words.

Date of Authorship for this Version

1881

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