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Is the son entitled to a one-half interest in the property as one of the surviving joint tenants? The daughter claims the son only holds a one-third interest in the property since joint tenants who execute deeds to one another do not have to record the deed to sever the joint tenancy. The son claims the unrecorded grant deed does not sever the joint tenancy between the mother, daughter and himself. The mother passes away, and the son seeks ownership of a one-half interest in the property. The mother and daughter later sign a grant deed to their undivided two-thirds interest in the property and deliver it to themselves as joint tenants. Recording perfects the ownership against unknown off-record interests and later buyers or encumbrancers.įor example, a mother, son and daughter hold title to real estate as joint tenants. The grant deed need not be recorded to deliver title to a new owner or to revest title in two or more individuals. While the grantor may intend to convey title when he hands over the deed, if the grantee does not accept the deed, the deed will not be considered delivered and a conveyance does not occur. The grantee’s acceptance of the grant deed as an immediate conveyance. The grantor’s intent to convey title, not just the physical handing over of the deed to the grantee and

The mere signing of a deed by the owner as the grantor is not enough to divest the owner of his title to an interest in the real estate. This article sets forth the intent necessary for a deed to be considered an enforceable conveyance which will withstand claims it is void or voidable.Ī deed conveying real estate takes effect and transfers ownership to the named grantee when the deed is delivered.