Understanding the Requirements for a Valid Deed: Importance of Intent to Deliver and Consideration

The owner of a property creates a deed, leaving the name of the grantee blank, and puts it in a drawer, where it is forgotten for several years. One day, a visitor finds the deed, fills in his name as grantee, and attempts to record it. However, the owner will probably have no trouble disputing the validity of the deed because a. the grantee was not competent at the time of delivery.b. there was no intent to deliver it, and no consideration was given. c. the grantee did not sign it at the time of execution. d. it was not accompanied by a transfer certificate.

b. there was no intent to deliver it, and no consideration was given.

The correct answer is B – there was no intent to deliver it, and no consideration was given.

For a deed to be valid, it must meet certain requirements, including: (1) competency of the grantor at the time of execution, (2) intent to deliver the deed, (3) acceptance of the deed by the grantee, (4) consideration given in exchange for the property, (5) signed and delivered by the grantor, and (6) recorded in the appropriate government office.

In this scenario, while the grantor was competent at the time of execution, there was no intent to deliver the deed to anyone, and no consideration was given to anyone. Therefore, the deed is not valid, and any attempt by the visitor to record the deed or claim ownership of the property would likely be unsuccessful.

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