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19. In such action, landowner should
Two months later, the landowner brought an appropriate action against the purchaser to cancel the instrument and to quiet title. In support, the landowner proved that no money in fact had been paid by the purchaser, notwithstanding the recitation, and that no other consideration of any kind had been supplied by the purchaser.
A landowner owned Greenacre, a tract of land, in fee simple. The landowner executed an instrument in the proper form of a deed, purporting to convey Greenacre to a purchaser in fee simple. The instrument recited that the conveyance was in consideration of «$5 in hand paid and for other good and valuable consideration.» The landowner handed the instrument to the purchaser and the purchaser promptly and properly recorded it.
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Every deed should contain the following information:
An indication that it is a deedA description of the property involvedThe signature of the individual or entity that is transferring the propertyData regarding who is taking title to the propertyAs deeds do not require much information, the document itself is often very short. However, the document may also contain additional information such as the conditions or assurances that go along with the transfer. Each deed must also be validly delivered to the individual taking ownership of the property. In most situations, it should also be filed with the appropriate authority as well. Every real property transfer will require the use of some type of deed. It is important to use the legal description of the property for the deed so that it can be recorded accurately.
Delivering a deed means taking some action intended to make the deed effective presently. What that action is doesn't really matter, but one obvious action is for the grantor to hand the deed to the grantee. Physically handing the deed to the grantee commonly creates a presumption of a delivery, whereas retaining possession may create a presumption of non-delivery.
B is correct. The only requirements for a conveyance of land to be valid (and thereby transfer legal title in that land from one party to another) are execution and delivery of the deed. The execution requirement is satisfied as long as the deed is signed by the party to be charged (the seller). Delivery of a deed is established by a proven intent to pass title, even if the title document was never physically given to the transferee. In this case, the landowner signed the deed and clearly intended for it to be delivered to the purchaser, as evidenced by the landowner's physical delivery of it. As such, the purchaser will prevail.
A is incorrect. In the contracting phase of a real estate transaction, «recording» is only relevant to determine whether title to property is marketable. The validity of title must be apparent «from the record,» meaning the validity of the title is clear without resorting to unrecorded documents or other external evidence. A seller's rights are not terminated by the mere recording of the deed.
C is incorrect. Real estate may be transferred with or without consideration. Many real estate transfers — particularly those made for estate planning purposes — are made without consideration to the transferor. Validity of the conveyance depends upon execution and delivery; evidence related to consideration is irrelevant.
D is incorrect. While this is a correct statement of law, it is irrelevant to these facts because the instrument was not void.