What must a deed have to pass legal title?

Prepare for the Real Property Multistate Bar Exam with detailed quizzes, flashcards, and multiple choice questions. Each question includes hints and explanations to help you understand key concepts and excel in your test!

To pass legal title, a deed must be lawfully executed and delivered. This means that the deed must be properly signed by the grantor and that it is delivered to the grantee or their agent. The execution process ensures that the deed reflects the grantor's intention to transfer the property. Additionally, the delivery component is crucial because it signifies that the grantor has relinquished control over the deed and the property, thereby establishing the grantee's ownership.

While some jurisdictions may have specific requirements regarding the registration or recording of deeds with the county clerk to give constructive notice to third parties, this is not a prerequisite for the transfer of title itself. Additionally, some deeds may not require witnessing, or the requirements for witnessing vary by jurisdiction. Therefore, the core requirements hinge on lawful execution and delivery for the transfer of legal title.

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