What presumption exists if the grantor retains legal control of the property?

When a grantor retains legal control of the property, it leads to the presumption that there was no delivery of the deed. In property law, "delivery" refers to the intent to transfer ownership of the property from the grantor to the grantee. If the grantor maintains control over the deed, it indicates that there was no intention to complete the transfer of title; thus, the transaction lacks the essential element of delivery that is necessary for the transfer to be effective.

In this context, if the grantor still possesses the deed and has not relinquished control, it strongly suggests that they do not intend for the grantee to have ownership rights. This presumption establishes that without actual delivery, the legal title does not pass to the grantee, underscoring the importance of the grantor's intent and the actions taken to convey the property.