Crucial Exams

Multistate Bar Examination Practice Question

An owner properly executed a deed conveying a parcel of land to a friend as a gift. The owner handed the deed to the friend, manifesting a clear intent to immediately transfer ownership. The friend accepted the deed but failed to record it. A week later, the owner died. The owner's sole heir, who was aware of the gift, discovered the deed had not been recorded and asserted ownership over the parcel.

As between the heir and the friend, who has superior title to the land?

  • The friend, but only if the friend records the deed before the owner's estate is settled.

  • The heir, because an unrecorded deed is invalid upon the death of the grantor.

  • The friend, because valid delivery of the deed was sufficient to transfer title.

  • The heir, because as a donee, the friend's interest is not protected against the claim of an heir.

Multistate Bar Examination
Real Property
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