biv1bi Exception to Oral conditions when oral evidence regarding a condition to

Biv1bi exception to oral conditions when oral

This preview shows page 19 - 21 out of 51 pages.

b.iv.1.b.i. Exception to Oral conditions – when oral evidence regarding a condition to a deed is admissible: b.iv.1.b.i.1. To show that deed is nullity because the grantor is incompetent or drunk b.iv.1.b.i.2. To show that the deed was to take effect a grantor’s death b.iv.1.b.i.2.a. However, this would be considered a will and would still fail to meet requirements for a will, if deed is in the hands of the grantee b.iv.1.b.i.3. Where delivery to a third party to hold in escrow for grantee. b.iv.1.b.i.3.a. This third party can testify as to the grantor’s intent and therefore the deed will be upheld b.iv.1.c. Deed in Grantee’s Hand – a deed that is delivered to the grantee is presumed to have been assented to by that grantee and to have been delivered. This presumption can be rebutted only by evidence that no delivery was in fact intended. b.iv.1.d. Conditional Delivery – a conditional delivery can only be made by placing the deed in the hands of a third person. Remember : if a conditional deed is delivered to the grantee, the deed will be considered to be valid and the oral condition will not be enforced b.iv.1.d.i. Revocable Escrow : when a deed is placed in a revocable escrow there is not delivery of the deed to the grantee. The grantor must intend for title to pass irretrievably to the grantee in order for the deed to be valid. ( Rosengrant) b.iv.1.d.i.1. Rationale : we have the delivery requirement in order to make sure that the grantor really intended for the grantee to have title irrevocably. b.iv.2. Forged Deeds
Image of page 19
b.iv.2.a. General Rule : Forged deeds are not valid deeds. The grantor, whose signature was forged prevails over all persons, including subsequent bona fide purchasers from the grantee who did not know the deed was forged. b.iv.2.a.i. Rationale: Grantor did nothing wrong here, so he should prevail against everyone else. b.iv.3. Stolen Deeds b.iv.3.a. A stolen deed is a deed that was signed by the grantor but the grantee or another stole the deed from the grantor. b.iv.3.a.i. A grantor prevails over a grantee or bona fide purchaser b.iv.3.a.i.1. Rationale: same as to forged deeds. b.iv.4. Fraudulently Obtained Deeds b.iv.4.a. A fraudulently obtained deed is a deed that was signed by the grantor but the grantee somehow got the grantor to hand over the deed without the grantor being prepared to transfer title to the property. That is, the grantee defrauded the grantor. b.iv.4.b. A deed procured by fraud is voidable by the grantor in an action against the grantee, but a subsequent bona fide purchaser from the grantee who is unaware of the fraud prevails over the grantor. b.iv.4.b.i. Rationale : As between two innocent persons, one must suffer by the fraudulent act of a third party, and the law generally places this loss on the person who could have prevented the loss to the other.
Image of page 20
Image of page 21

You've reached the end of your free preview.

Want to read all 51 pages?

  • Summer '14
  • tenant, Leasehold estate, Deed, Real property law

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture