A farmer signs a deed transferring a farm to his friend. The deed is signed and notarized and placed on a table, and the farmer dies suddenly. In a race-notice jurisdiction, did the farmer likely transfer the farm to his friend?

• A. No, because the deed was not validly delivered
• B. No, because recording is not required for validity
• C. Yes, because signing and notarizing and acceptance implies transfer
• D. No, because third party notice is required for validity

Answer: (C)

Delivery is the crucial step for a deed to pass title. A grantor must relinquish control and intend to pass ownership to the grantee, either by delivering the deed directly to the grantee or to a third party holding for the grantee. Signing and notarizing the deed, and even placing it where the grantee could take it, does not by itself transfer ownership. In this scenario, the deed was signed, notarized, and left on a table when the farmer died—no delivery to the friend occurred. Therefore, title did not pass to the friend, despite the deed being executed. Recording or race-notice rules only come into play after delivery has occurred and the parties are competing; recording affects priority, not the validity of the transfer itself. Hence, there was no transfer under these facts.