What must be included for written conditions in a deed to be valid?

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!

For written conditions in a deed to be valid, it is essential that conditions must be delivered with the deed. Delivery refers to the act of transferring the deed and its conditions to the grantee, indicating the grantor's intent to be bound by those terms. The delivery must show that both parties understand and agree to the deed's terms, including any specific conditions attached.

The other options do not meet the necessary requirements for a condition in a deed to be considered valid. For example, while delivery is essential, the assertion that delivery is unnecessary is incorrect, as the validity of the deed hinges on that delivery. Additionally, conditions do not need to be recorded to be valid, although recording can provide notice to third parties and enhance the enforceability of the conditions. Lastly, the stipulation that conditions must relate to the grantor's death is not a requirement; conditions can relate to a variety of actions or events that affect the property or its use. Thus, the requirement for delivery underscores the importance of how the deed is presented and accepted between the parties to ensure its legal enforceability.

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