A New Jersey seller signs a deed transferring her Union County home to a buyer. The deed is properly acknowledged before a notary public. Before the buyer records the deed, the seller dies. Which statement correctly describes the legal effect of the seller's death on the deed and the recording?
Correct Answer
A) The deed remains valid because title transferred to the buyer upon delivery and acceptance, and the seller's death does not affect the buyer's ability to record
In New Jersey, title to real property transfers upon delivery and acceptance of a valid deed — not upon recording. Once the deed was delivered to and accepted by the buyer during the seller's lifetime, title vested in the buyer. The seller's subsequent death does not invalidate the transfer or prevent the buyer from recording the deed. Recording is still necessary to protect against subsequent claimants, but the seller's death has no effect on the validity of the already-delivered deed.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Joint tenancy is a form of co-ownership in which two or more persons hold equal, undivided interests in property with the right of survivorship. When one joint tenant dies, their interest automatically passes to the surviving joint tenants.
A leasehold estate grants the right to possess and use property for a defined period of time, without conferring ownership.
A life estate is a freehold estate that grants ownership rights for the duration of someone's life.
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