What typically happens if a deed is not delivered?

If a deed is not delivered, it is considered void. Delivery is a fundamental requirement for a deed to be effective, as it signifies the grantor's intention to transfer ownership of the property to the grantee. Without proper delivery, the legal transfer of title does not occur, and any intention to transfer ownership remains unfulfilled.

In real estate law, delivery can be understood as the physical or constructive act of handing over the deed, with the intent that it be effective immediately. If this action fails to take place, the grantee does not acquire legal ownership of the property, and thus, the deed lacks validity. This principle helps to protect both parties by clearly defining when ownership changes hands, ensuring that the intent behind the deed is honored.

Consequently, options that suggest the deed could still be enforceable or that ownership automatically transfers are incorrect, as they misunderstand the necessity of delivery in establishing legal ownership. Similarly, recording a deed in a public registry cannot compensate for the lack of delivery since, without that essential step, legal title has not changed.