When is acceptance of a deed presumed?

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!

Acceptance of a deed is presumed when the grantee is in possession of the property. This presumption is rooted in common law principles concerning the transfer of real property. Possession signifies that the grantee has accepted the deed, as it implies that they have taken control of the property and thus have accepted the rights and obligations associated with ownership.

In real estate transactions, once a deed is delivered and the grantee takes possession, it demonstrates their intention to accept the deed even if there isn't a formal written acceptance. This concept aligns with the practicalities of real estate transactions where the actions of the parties, especially the grantee taking possession, are indicative of their acceptance of the transfer of the property.

Other options do not align with this principle. For instance, a verbal agreement does not constitute the transfer of a property without a written deed. Notarization of a deed is an important step in the process but doesn’t, in itself, indicate acceptance; it primarily serves to authenticate the signatures on the deed. Similarly, the mere presence of both parties during delivery doesn’t automatically presume acceptance unless the grantee subsequently takes possession.

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