When does title to real estate pass from one party to another?

Title to real estate passes from one party to another when a valid deed is signed, delivered, and accepted. This process ensures that all necessary legal steps are completed for the transfer of ownership to be recognized.

Signing the deed is the first step, but it is not enough on its own. The deed must be delivered to the grantee (the person receiving the title) to signify that the grantor (the person transferring the title) intends to relinquish ownership. Acceptance by the grantee is also crucial; it indicates that the grantee agrees to take the property under the terms specified in the deed. This trio of actions—signing, delivering, and accepting—constitutes the essential legal act of conveying title.

Recording a deed, while important for public notice, does not affect the actual transfer of title between parties. Filing, microfilming, or merely executing and mailing the deed do not complete the transfer either, as they do not incorporate the necessary delivery and acceptance. Thus, without the act of delivery and acceptance, the transfer of title is incomplete.