Which instrument transfers real property by delivery, present intent, signature, and reasonable description?

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Multiple Choice

Which instrument transfers real property by delivery, present intent, signature, and reasonable description?

A deed transfers real property. Its effectiveness rests on four elements: delivery with present intent, the grantor’s signature, a reasonable description of the property, and the deed being in writing. Delivery with present intent means the grantor must hands over control of the deed to the grantee (or to someone for the grantee) with the understanding that the transfer takes effect now. Merely signing the deed or keeping it in one’s desk drawer does not transfer title; there must be an intention to pass ownership immediately, and delivery is usually to the grantee or an agent for the grantee. The grantor’s signature is essential because it evidences that the grantor consents to convey the property. Without a signature, there’s no execution of the transfer. A reasonable description identifies the property clearly enough so it can be distinguished from other land; a vague or imprecise description can render the deed invalid as a conveyance of real property. The other concepts mentioned relate to different aspects of property law: equitable conversion deals with risk of loss in contracts for the sale of land, and notices or race-notice provisions govern priority and notice in recording systems, not the mechanics of conveying title through an instrument.

A deed transfers real property. Its effectiveness rests on four elements: delivery with present intent, the grantor’s signature, a reasonable description of the property, and the deed being in writing.

Delivery with present intent means the grantor must hands over control of the deed to the grantee (or to someone for the grantee) with the understanding that the transfer takes effect now. Merely signing the deed or keeping it in one’s desk drawer does not transfer title; there must be an intention to pass ownership immediately, and delivery is usually to the grantee or an agent for the grantee.

The grantor’s signature is essential because it evidences that the grantor consents to convey the property. Without a signature, there’s no execution of the transfer.

A reasonable description identifies the property clearly enough so it can be distinguished from other land; a vague or imprecise description can render the deed invalid as a conveyance of real property.

The other concepts mentioned relate to different aspects of property law: equitable conversion deals with risk of loss in contracts for the sale of land, and notices or race-notice provisions govern priority and notice in recording systems, not the mechanics of conveying title through an instrument.

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