MBE Rules · Real Property
Deed delivery and acceptance
The rule
A deed is effective only on delivery — manifestation of grantor's present intent to make a present transfer. Delivery is question of intent, not physical handover. Acceptance presumed if conveyance is beneficial. Conditional delivery to grantee passes title immediately (condition disregarded).
In plain English
A deed is only valid if the person giving it intends to transfer ownership right away. Even if the deed isn't physically handed over, it's still valid if the new owner benefits from it.
Worked example
The seller tells the buyer they now own the house and mails the deed. Even if the buyer hasn't received the deed yet, the ownership transfer is valid because the seller intended to give it immediately.
Memory hook
Deed Delivered = Intent, Not Handed. Intent trumps physical delivery; acceptance is presumed if beneficial.
The trap
Students think: physical handover is required. Wrong, because intent is key. The actual test is the grantor's intent to transfer immediately.
How examiners test it
The MBE loves: grantor hands deed but says 'hold until I die.' Trap: students assume no delivery. Intent to transfer now, not future control, matters.
Drill this rule until it can't fail you.
Vrenberg generates unlimited questions on this exact rule, tracks your mastery of it, and brings it back until it sticks.