Real Property Multistate Bar Practice Exam

Question: 1 / 400

Which of the following is necessary for a valid transfer of title by deed?

A signed contract between parties

The presence of witnesses during the signing

Execution and delivery of the deed

For a valid transfer of title by deed, execution and delivery of the deed are crucial. The execution of the deed refers to the proper signing and sealing of the document by the grantor. This demonstrates the grantor's intention to convey their interest in the property to the grantee.

Delivery of the deed is equally important—it signifies the grantor's intent to relinquish control of the property and transfer it to the grantee. If delivery does not occur, the transfer is incomplete. The deed must be delivered in a manner that shows the grantor intends to make an immediate gift of the property.

While a signed contract might outline the terms of the property transfer, it does not itself complete the actual transfer of title. Similarly, while the presence of witnesses during the signing can be a requirement in some jurisdictions for certain types of deeds, it is not universally necessary for all deeds to be valid. Filing the deed with the county registrar is typically important for giving notice to third parties and protecting the grantee’s interest, but it is not a prerequisite for the transfer of title to occur.

Thus, the essential elements of a valid transfer are the execution and delivery of the deed, making this the correct answer.

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Filing the deed with the county registrar

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