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5 Cards in this Set
- Front
- Back
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What is required for a deed to become effective?
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Intent and Delivery
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What constitutes delivery?
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Giving up control (must be present). Can be conducted by a physical handing over. Two substitutes:
i) a symbolic delivery (grand piano - note) ii) means of access (constructive delivery) |
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Conditional Delivery
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Delivery that is effective only upon the occurrence of a condition, but the transfer relates back to the time of the conditional delivery.
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A drafts an instrument conveying blackacre to B and hands the instrument to B for "safekeeping."
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This is not a valid delivery because there is no evidence of intent for the delivery to presently occur.
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A drafts an instrument conveying blackacre to B. A attempts to give the instrument to B personally but is unable to find B; nevertheless, A quits possession of Blackacre and thereafter treats B as the owner. Is this a delivery?
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Yes, this is constructive delivery.
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