Black-letter propositions
- 01
The deed identifies parties and land and is signed by grantor; consideration is generally not essential to validity.
- 02
Delivery turns on present transfer intent shown by words, conduct, escrow, recording, or possession; physical handoff is not conclusive.
- 03
An oral condition attached to unconditional manual delivery to the grantee is generally ineffective.
- 04
A general warranty deed includes present covenants of seisin, right to convey, and against encumbrances plus future warranty-related covenants.
- 05
A quitclaim deed conveys existing title without covenants but can still receive recording-act protection.
Use this attack sequence under time
Frame the issue
Test execution and description.
Resolve the next checkpoint
Find present delivery intent and escrow conditions.
Resolve the next checkpoint
Identify acceptance.
Resolve the next checkpoint
Classify deed and covenant.
Finish the conclusion
State present or future breach timing.
Common wrong turns
- Recording is evidence of delivery, not an absolute element between parties.
- A deed intended to operate only at death may violate will formalities.
- Quitclaim form does not always defeat bona fide purchaser status.
Worked example
O hands A a deed saying, 'This is yours now, but do not record until I die.'
The words can show present delivery despite postponed recording. Retained control or a contrary intent could change the result.
Practice this topic
Deeds
Cornell defines a deed as a legal document that grants ownership of real estate, transferring title to a new owner, and says it is usually recorded in the county clerk's office because recording puts the public on constructive notice. A valid deed for real estate must be in writing, and although jurisdictions differ on the required elements it generally names the grantor and grantee. A deed is usually delivered at closing.
A warranty deed is a deed in which the grantor guarantees clear title, assuring the grantee that the property is free from liens, encumbrances and claims except those stated in the deed, and it offers the highest level of protection to the buyer.
Covenants
Cornell describes a covenant as a formal agreement or promise, usually in a contract or deed, to do or not do a particular act. Examples in property law include agreements not to build a fence or to maintain a shared driveway. Covenants in contract law apply only to the contracting parties, while covenants related to property follow their own common-law and statutory rules.
For a deed question, ask about writing, delivery and acceptance, then identify which covenants the deed contains, since only those are promises the grantor made about title.
Frequently asked questions
What is the controlling rule for execution, delivery, acceptance, and covenants?+
A deed transfers through proper execution and present-intent delivery, while its form determines title covenants and breach timing.
How should I analyze execution, delivery, acceptance, and covenants on the bar exam?+
Test execution and description. Find present delivery intent and escrow conditions. Identify acceptance. Classify deed and covenant. State present or future breach timing.
What is a deed?+
A legal document that grants ownership of real estate and transfers title to a new owner, usually recorded in the county clerk's office.
Must a deed be in writing?+
Yes. Cornell says a valid deed for real estate must be in writing, and jurisdictions differ on the other required elements.
What does a warranty deed provide?+
The grantor's guarantee of clear title, free from liens, encumbrances and claims except those stated in the deed.
Why is a deed recorded?+
Recording puts the public on constructive notice of the buyer's ownership and protects title, which is why a deed is usually recorded in the county clerk's office.
What is a covenant?+
A formal promise, usually in a contract or deed, to do or not do a particular act, such as not building a fence or maintaining a driveway.