What presumption exists if a grantor dies and the deed remains in their possession?

When a grantor dies and the deed remains in their possession, the legal presumption is that there was no effective delivery of the deed. Delivery is a crucial element in determining the intent of the grantor to transfer the property. For a deed to be considered valid and effective in transferring property, there must be evidence of delivery, which implies the grantor's intention to relinquish control over the deed and indicate that the grantee has accepted it.

In this context, if the grantor retains possession of the deed until their death, it suggests that they did not intend to part with ownership or control of the property. This presumption of no delivery reflects a fundamental principle in property law regarding the requirements for a valid transfer. The other options, while related to different concepts, do not accurately capture the implications of a deed's retention by the grantor upon their death. This serves to reinforce the importance of actual delivery in establishing legal ownership and rights over real estate transactions.