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Property Ownership TransferDeeds_nyHARD

James executed a deed conveying his property in Queens to his nephew Mark, but James retained possession of the deed in his safe deposit box and never informed Mark of the transfer. James continued to live on the property and pay taxes. One year later, James died. Under New York law, what is the status of the property ownership?

Correct Answer

C) The property remains in James's estate because there was no delivery of the deed

Under New York law, a deed is not effective to transfer title until it is delivered to the grantee. Delivery requires both the grantor's intent to make a present transfer and either actual or constructive delivery of the deed. Since James retained the deed and never informed Mark, there was no delivery, and the property remains in James's estate.

Answer Options
A
Mark owns the property because the deed was properly executed
B
Mark owns the property but must pay the back taxes to perfect his title
C
The property remains in James's estate because there was no delivery of the deed
D
The deed is void because it was not recorded within one year of execution

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Related Topics & Key Terms

Key Terms:

deed_deliveryexecution_vs_deliverytitle_transferestate_property
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