Also known as: delivery · deliveries · delivery of deed · constructive delivery
Written by attorneys · grounded in primary & secondary sources — see below
A manifestation of a grantor's or donor's irrevocable intent to pass title to property that completes a conveyance or gift. Physical transfer of the deed or document is neither necessary nor always sufficient. The grantor's intent at the moment of the act controls whether title passes.
Linden Logistics contracted to sell a warehouse to Liberty Trust. Linden signed and recorded the deed with intent to transfer ownership, completing legal delivery. Liberty Trust therefore bore the loss under the majority rule even though it never received the physical deed.
Lola Langley was named trustee of a family trust holding Lakeshore Industries stock. Without signing any acceptance form, Lola took possession of the share certificates and began voting the shares at board meetings. Her actions constituted legal delivery of the trust property and acceptance of the trusteeship.
Select any source to read its text and confirm it supports the definition.
Lone Peak Energy sold equipment to Liam Larson under a contract that required payment before shipment. When Liam failed to pay, Lone Peak instructed the carrier to halt the shipment. The stoppage prevented legal delivery of the goods to Liam and allowed Lone Peak to resell them.
After Lillian Locke's death, the personal representative demanded delivery of her antique furniture from her son Lance Lee. The representative took possession of the items because administration required their sale to pay estate debts. Legal delivery to the estate was thereby accomplished.
Lucy Liu executed a deed conveying her cabin to Leo Lynch and recorded it in the county office. The recorded deed was later offered to prove both the content of the conveyance and Lucy's delivery of title to Leo. The record satisfied the hearsay exception for documents affecting property interests.
Linden Logistics donated Lakeshore Industries stock to a community organization. The donor signed and delivered the certificates with intent to complete the gift. Legal delivery occurred even though the organization never paid standard fees, satisfying the firm's pro bono obligation.
Recording can constitute legal delivery when it manifests the grantor's irrevocable intent to pass title, even without physical transfer of the deed to the grantee. The key inquiry remains the grantor's intent at the time of the act. Courts examine whether the recording was done with the purpose of completing the transfer.
Yes. Physical delivery of a deed is not sufficient if the grantor lacks intent to transfer title at that moment. For example, handing a deed to a grantee solely for review does not complete legal delivery. Intent controls over the physical act.
Once legal delivery occurs, title passes and the grantor no longer has power to revoke the conveyance. Subsequent attempts to reclaim the deed or property are ineffective. The gift or conveyance is complete upon delivery with the requisite intent.
Legal delivery focuses on the transfer of ownership interest rather than mere possession of a tangible item. Manual delivery of an object such as clothing to a cleaner transfers only possession, not title. Legal delivery requires an intent to pass ownership that may be shown by acts other than handing over the document.
…commission is not necessary to the appointment of an officer by the Executive. A commission is only evidence of an appointment. Delivery is not necessary to the validity of letters patent. The President cannot authorize a Secretary of State to omit the performance of those duties which are enjoined by law. When a commission…