Definition
The delivery requirement states that a grantor must actually deliver a deed with intent to transfer ownership for the transfer to be effective. Delivery can be physical or constructive. The critical element is intent—did the seller intend to relinquish control?
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Simply signing a deed doesn't transfer ownership—there must be delivery. Delivery means the grantor intends to relinquish control and the deed is transferred to the grantee or an intermediary (like an escrow agent). Delivery can be physical or constructive (like handing deed to a title company). The critical element is intent—did the seller intend to transfer ownership? If a seller signs a deed and locks it in a safe, that's not delivery until someone with authority opens the safe and transfers it. Problems arise in estates when a deceased person's deed is found after death—was it delivered with intent, or was it just a draft? Delivery also matters for timing: ownership transfers at delivery, not at signing. If there's a dispute about when delivery occurred, it affects which party's tax situation, insurance, and liability apply. Courts examine words, actions, and circumstances to determine if delivery was intended.
Pro Tip
At closing, ensure the seller physically delivers the deed to you or your title company. Request written confirmation of delivery.
Example
A seller signs a deed and hands it to a title company at closing. That's delivery. If instead the seller signs a deed and puts it in a desk drawer, never giving it to anyone, there's no delivery and no transfer of ownership, even though the deed is technically valid.