What is required for a deed to effectively pass title?

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For a deed to effectively pass title, the essential requirements include execution and delivery. Execution refers to the formal signing of the deed by the grantor, which indicates the grantor's intention to transfer the property. Delivery is the act of transferring the deed to the grantee with the intent that the grantee becomes the new owner. Without delivery, even if the deed is signed, the transfer of title does not occur because the grantor has not genuinely indicated the intent to relinquish ownership.

While registration of the deed can provide public notice and can be important for establishing a priority of claims in the event of disputes, it is not a requirement for title to pass. Additionally, notarization is often necessary to validate the execution of the deed, but simply having the deed notarized does not in itself ensure that title has been transferred. Similarly, consideration, which refers to something of value exchanged in return for the property, is typically associated with contracts rather than the act of transferring title via the deed itself. Thus, the crux of passing title effectively hinges on both the execution and the delivery of the deed.

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