When a grantor signs a deed and gives it to his attorney with directions that it should be given to the grantee, does the grantor still have control of the land?

California, United States of America


The following excerpt is from Fairbanks v. Lande (In re Estate of Fairbanks), 2d Civ. No. B287087 (Cal. App. 2019):

In Neely, the grantor signed the deed and gave it to his attorney "with directions to give it to the grantee." (Neely v. Buster, supra, 50 Cal.App. at p. 698.) The grantor "parted with it without any reservation or condition." (Id. at pp. 698-699.) The court held, "These circumstances show quite conclusively that when he delivered the deed to his attorney he parted with all control over it, and intended that it should operate as a present transfer of the title to the land." (Id. at p. 699, italics added.)

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