For a deed to pass title, which of the following must occur?

• A. The grantor must sign the deed
• B. The grantee must sign the deed
• C. The deed must be recorded
• D. Delivery and acceptance

Answer: (D)

Delivery of the deed to the grantee with the grantee’s acceptance is what actually passes title. The grantor must intend to transfer and deliver the deed to the grantee (or the grantee’s agent), and the grantee must accept the deed. This moment of delivery and acceptance transfers ownership, even if the deed hasn’t been recorded yet. Recording matters for notice and protecting against claims, but it isn’t what creates the transfer of title. The grantor’s signature is necessary to create the deed, but without delivery and acceptance, title does not pass. The grantee’s signature isn’t required, and the deed can be delivered and the title pass without it being recorded. In Michigan, as in many jurisdictions, the key event for title transfer is delivery with intent to convey and actual or constructive acceptance by the grantee.