Also known as: delivery of the deed · deed delivery · delivery requirement
Written by attorneys · grounded in primary & secondary sources — see below
The act by which a grantor places a deed in the grantee's hands or within the grantee's control. This act manifests the grantor's intention that the deed operate immediately as a conveyance of title.
Dylan Duffy contracted to sell land to Desert Oil. The parties formed a binding agreement but lightning destroyed a barn on the property before closing. After Dylan delivered the deed at closing, Desert Oil bore the loss under the majority rule of equitable conversion and could not rescind or demand a price reduction.
Demetrius Douglas endorsed a settlement check and left it on a table next to a note stating his intent to transfer it to Dolores Diaz before his expected death. The court treated these acts as sufficient delivery to complete a gift causa mortis even without physical handover to the donee.
Select any source to read its text and confirm it supports the definition.
Devon Drake's father wrote letters declaring an immediate gift of a painting to him while reserving lifetime possession. Delivery of the letters alone satisfied the requirement for a completed inter vivos gift of the remainder interest without physical transfer of the painting.
Darrell Duncan delivered a deed conveying property to Dynamic Solutions. A holdover tenant remained on the premises at the time of delivery. The grantee could not hold the grantor liable for breach of the covenant of quiet enjoyment because the deed itself had been properly delivered.
Delivery occurs when the grantor places the deed in the grantee's hands or control or otherwise manifests an intention that the deed operate immediately as a conveyance. Actual physical transfer is not always required if the grantor's intent is clear.
Supporting sources
Under the majority rule of equitable conversion, risk of loss passes to the buyer at contract formation rather than at deed delivery. Delivery of the deed completes the transfer of legal title but does not alter the earlier risk allocation in most jurisdictions.
Yes. A deed requires only the grantor's signature and delivery. The grantee's acceptance completes the conveyance, and no signature by the grantee is needed to make the deed effective.
…facts of this case demonstrate, such a requirement could impose practical burdens on the parties to the gift while serving the delivery requirement poorly. Thus, in order to accomplish this type of delivery the parties would have been required to travel to New York for the symbolic transfer and redelivery of the Klimt painting which…