Question

Smith executes a deed to Brown and records it. Later, Smith seeks to set the conveyance aside, claiming that there had been no delivery to Brown. Why will he probably be unsuccessful in his effort:

A) Brown has come into possession of the property
B) Delivery is presumed with recording
C) The recording validates the deed
D) Recording establishes the priority of lien

Answer 1

Smith will probably be unsuccessful in his effort to set the conveyance aside by claiming no delivery because when a deed is recorded, delivery is presumed.

Step-by-step explanation:

The correct answer is B) Delivery is presumed with recording. When a deed is recorded, it creates a legal presumption of delivery. Delivery in the context of a deed means that the grantor (in this case, Smith) intends to transfer ownership of the property to the grantee (Brown). By recording the deed, it is assumed that the grantor delivered the deed to the grantee, and therefore, Smith will likely be unsuccessful in setting aside the conveyance.

For example, let's say Smith executed a deed to Brown but later claimed there was no delivery. However, if Brown has come into possession of the property and the deed has been recorded, it can be presumed that delivery occurred. The recording serves as evidence of delivery and provides legal validation to the deed.

It is important to note that recording a deed does not establish the priority of lien (option D). The priority of lien is determined based on other factors, such as the date of attachment or the order of recording.