Legal Question in Real Estate Law in California

Re: Delivering a Grant Deed

When a deed is recorded, that is "prima facie proof of delivery" according to one case, but the same case goes on to say that when the original deed was later found among the grantor's personal effects upon her death, that overcame the prima facie proof and raised a stronger presumption of non-delivery. The facts of this case seem to be very similar to your situation and I suggest you look it up at a law library: Owens v. Ring (1953) 117 Cal.pp.2d 672.

While at the law library (every county has one), you might also want to read the Civil Code sections dealing with delivery of instruments such as deeds: Sections 1054, 1055, 1056, 1057, 1058 and 1059. (You can skip the decimal-numbered sections in between the whole-numbered sactions).

If you contact me directly with an e-mail address, FAX number or postal address, I can send you a copy of the case (eight pages) and/or the code sections.

I would say that recording is helpful, but daughter's case is going to be stronger, if this situation results in a lawsuit, if she has physical possession of the original deed.

Ultimately, delivery requires very little, but proof of delivery in court seemingly requires some admissible evidence that's stronger than the other side's evidence that delivery never happened.