TTTBE #72: Early Answer for Patrons
Added 2018-04-23 00:50:13 +0000 UTCOkay, #TTTBE fans, it's time for an atypical answer, although in fairness to everyone I did give you a hint when reading the question by mentioning that real property law is mostly reheated feudalism leftovers.
With that in mind, the answer is C.
This question tested your knowledge of the delivery rule: a deed is delivered when the landowner intends to deliver the instrument and thereby transfer title to the recipient. Here, the words "This is yours, but please do not record it until after I am dead" clearly meet the standard of intent.
"D" is incorrect as a matter of common law -- even though any good lawyer will tell you to record your deed (and many states require it by statute), because recordation is how you typically prove delivery in today's modern society. Technically speaking, however, recording the deed has no effect on its validity at common law. Weird, right?
Sadly for Thomas, "A" is wrong because the subsequent death of the landowner has no effect on the validity of the initial transfer.
Finally, "B" is wrong because... nobody cared about honesty in 13th-century Saxony?
Thomas is now 41-for-72 (56.9%), which is still pretty damn good.
Comments
Hi Andrew- as I understand it, in feudal times, doing a "deed", or a Livery of Saison, involved inviting others to witness it. The public nature of the event was the old equivalent of recording. I thought, if the landowner gave the deed to the friend but the deed was not recorded, then the "deed" was not, in fact, done in the classical sense. Any comment?
2018-04-28 04:54:52 +0000 UTCYes!!!
Eric Brewer
2018-04-23 12:49:46 +0000 UTC
