Property Ownership

A Mississippi property owner signs a deed but does not deliver it to the grantee before dying. The undelivered deed is:

AValid since it was properly signed and notarized
BIneffective — delivery is required for a deed to be valid; without delivery, no title passes✓ Correct
CEffective upon recording in the county records
DEffective if the grantee was named in the grantor's will

Explanation

Delivery is an essential element of a valid deed — title does not pass until the deed is delivered to (and accepted by) the grantee during the grantor's lifetime. A deed found among a deceased grantor's papers that was never delivered is ineffective. Courts look at intent and act of delivery, not just signature.

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