What factor is critical in determining the delivery of a deed?

In determining the delivery of a deed, the intent to pass title by the grantor is paramount. Delivery of a deed is not solely about the physical act of handing over the document; rather, it focuses on the grantor's intention to transfer ownership of the property. If the grantor does not intend to convey the title, then even a physical transfer of the document would not constitute effective delivery. This principle emphasizes the importance of mutual consent and the understanding that the property rights are being conveyed from the grantor to the grantee.

While the physical transfer of the deed is significant, it is the intent behind that transfer that ultimately dictates whether or not the delivery is legally valid. The existence of a written agreement and the recording of the deed can facilitate clarity and legal recognition of the transfer, but these aspects do not replace the necessity of the grantor's intent to transfer title. Thus, the intent to pass title stands as the critical factor in determining the effective delivery of a deed.